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RESERVE BANK OF INDIA AND NON BAKING FINANCIAL COMPANY Bachelor of CommerceBanking & Insurance Semester V (2012-2013)
GURU NANAK COLLEGE OFARTS,SCIENCE, AND COMMERCE G.T.B nagar sion (E), Mumbai -400037
PROJECT ON
Submitted In Partial Fulfillment of the requirements For the award of the Degree of Bachelor of Commerce- Banking & Insurance
GURU NANAK COLLEGE OFARTS,SCIENCE, AND COMMERCE G.T.B nagar sion (E), Mumbai -400037
GURU NANAK COLLEGE OFARTS,SCIENCE, AND COMMERCE G.T.B nagar sion (E), Mumbai -400037
CERTIFICATE
This is to certify that Miss. GEETA MEDI of B.Com - Banking & Insurance Semester V (2012-2013) has successfully completed the project on RESERVE BANK OF INDIA AND NON BAKING FINANCIALCOMPANY under the guidance of SUDHA MAM
Project guide
Principal
Course Co-ordinator:
Internal Examiner:
External Examiner:
Declaration
I GEETA MEDI student of B.Com Banking & Insurance Semester V (2012-2013) hereby declare that I have completed the Project on RESERVE BANK OF INDIA AND NON BAKING FINANCIALCOMPANY
The information submitted is true and original to the best if my knowledge.
ACKNOWLEDGEMENT
I would like to thank a lot of people without whom this project would not have been complete. First prof. SUDHA she was of utmost help in guiding me structures this project. She helped me throughout and was always present to help me whenever I had a doubt.
A research can never be over without access to a good library and in this case I was blessed as our college library, is very well stocked with books. And the lending policy made life a lot easier. And not to forget the unconditional support provided by my parents and friends.
INDEX
SR. NO
CONTENTS
PAGE NO.
1 2 3 4 5 6 7 8 9 10 11
MEANING OF RBI FUNCTIONS OF RBI STRUCTURE OF RBI ADDRESSING CHALLENGES NBFC FUNCTIONS OF NBFC TYPES OF NBFC HOW RBI CONTROLLING NBFC GUIDLINENS OF RBI TO NBFC SWOT OF NBFC
8 9 14 13 20 23 24 31 37 41 44
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13 14
CONCLUSION BIBLOGRAPHY
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10/20/2012
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Functions of RBI
Bank of Issue
Under Section 22 of the Reserve Bank of India Act, the Bank has the sole right to issue bank notes of all denominations. The distribution of one rupee notes and coins and small coins all over the country is undertaken by the Reserve Bank as agent of the Government. The Reserve Bank has a separate Issue Department which is entrusted with the issue of currency notes. The assets and liabilities of the Issue Department are kept separate from those of the Banking Department. Originally, the assets of the Issue Department were to consist of not less than two-fifths of gold coin, gold bullion or sterling securities provided the amount of gold was not less than 40 crore (400 million) in value. The remaining three-fifths of the assets might be held in rupee coins, Government of India rupee securities, eligible bills of exchange and promissory notes payable in India. Due to the exigencies of the Second World War and the post-war period, these provisions were considerably modified. Since 1957, the Reserve Bank of India is required to maintain gold and foreign exchange reserves of 200crore (2 billion), of which at least 115crore (1.15 billion) should be in gold and 85crore (850 million) in the form of Government Securities. The system as it exists today is known as the minimum reserve system.
Monetary authority
The Reserve Bank of India is the main monetary authority of the country and beside that the central bank acts as the bank of the national and state governments.
It formulates implements and monitors the monetary policy as well as it has to ensure an adequate flow of credit to productive sectors. Objectives are maintaining price stability and ensuring adequate flow of credit to productive sectors. The national economy depends on the public sector and the central bank promotes an expansive monetary policy to push the private sector since the financial market reforms of the 1990s.
Issuer of currency
The bank issues and exchanges or destroys currency notes and coins that are not fit for circulation.
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The objectives are giving the public adequate supply of currency of good quality and to provide loans to commercial banks to maintain or improve the GDP. The basic objectives of RBI are to issue bank notes, to maintain the currency and credit system of the country to utilize it in its best advantage, and to maintain the reserves. RBI maintains the economic structure of the country so that it can achieve the objective of price stability as well as economic development, because both objectives are diverse in themselves.
Developmental role
Performs a wide range of promotional functions to support national objectives.
Banker of Banks
Nagpur branch holds most of India's gold deposits RBI also works as a central bank where account holders (are commercial bank's) can deposit money. RBI maintains banking accounts of all scheduled banks.Commercial banks create credit. It is the duty of the RBI to control the credit through the CRR, bank rate and open market operations.
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As banker's bank, the RBI facilitates the clearing of checks between the commercial banks and helps inter-bank transfer of funds. It can grant financial accommodation to schedule banks. It acts as the lender of the last resort by providing emergency advances to the banks. It supervises the functioning of the commercial banks and take action against it if need arises.
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Structure of RBI
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Central Board of Directors The Central Board of Directors is at the top of the Reserve Banks organisational structure. Appointed by the Government under the provisions of the Reserve Bank of India Act, 1934, the Central Board has the primary authority and responsibility for the oversight of the Reserve Bank. It delegates specific functions to the Local Boards and various committees. The Governor is the Reserve Banks chief executive. The Governor supervises and directs the affairs and business of the RBI. The management team also includes Deputy Governors and Executive Directors. The Central Government nominates fourteen Directors on the Central Board, including one Director each from the four Local Boards. The other ten Directors represent different sectors of the economy, such as, agriculture, industry, trade, and professions. All these appointments are made for a period of four years. The Government also nominates one Government official as a Director representing the Government, who is usually the Finance Secretary to the Government of India and remains on the Board during the pleasure of the Central Government. The Reserve Bank Governor and a maximum of four Deputy Governors are also ex officio Directors on the Central Board.
Local Boards
The Reserve Bank also has four Local Boards, constituted by the Central Government under the RBI Act, one each for the Western, Eastern, Northern and Southern areas of the country, which are located in Mumbai, Kolkata, New Delhi and Chennai. Each of these Boards has five members appointed by the Central Government for a term of four years. These Boards represent territorial and economic interests of their respective areas, and advise the Central Board on matters, such as, issues relating to local cooperative and indigenous banks. They also perform other functions that the Central Board may delegate to them.
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The Reserve Bank has a network of offices and branches through which it discharges its responsibilities. The units operating in the four metros Mumbai, Kolkata, Delhi and Chennai are known as offices, while the units located at other cities and towns are called branches. Currently, the Reserve Bank has its offices, including branches, at 27 locations in India. The officesand larger branches are headed by a senior officer in the rank of Chief General Manager, designated as Regional Director while smaller branches are headed by a senior officer in the rank of General Manager. Central Office Departments
Over the last 75 years, as the functions of the Reserve Bank kept evolving, the work areas were allocated among various departments. At times, the changing role of the Reserve Bank necessitated closing down of some departments and creation of new departments. Currently, the Banks Central Office, located at Mumbai, has twenty-seven departments. (Box No.3) These departments frame policies in their respective work areas. They are headed by senior officers in the rank of Chief General Manager.
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The Central Board has primary authority for the oversight of RBI. It delegates specific functions through its committees, boards and sub-committees.
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Board for Financial Supervision (BFS) In terms of the regulations formulated by the Central Board under Section 58 of the RBI Act, the Board for Financial Supervision (BFS) was constituted in November 1994, as a committee of the Central Board, to undertake integrated supervision of different sectors of the financial system. Entities in this sector include banks, financial institutions and non-banking financial companies (including Primary Dealers). The Reserve Bank Governor is the Chairman of the BFS and the Deputy Governors are the ex officio members. One Deputy Governor, usually the Deputy Governor in-charge of banking regulation and supervision, is nominated as the Vice-Chairperson and four directors from the Reserve Banks Central Board are nominated as members of the Board by the Governor. The Board is required to meet normally once a month. It deliberates on various regulatory and supervisory policy issues, including the findings of on-site supervision and offsite surveillance carried out by the supervisory departments of the Reserve Bank and gives directions for policy formulation. The Board thus plays a critical role in the effective discharge of the Reserve Banks regulatory and supervisory responsibilities.
Audit Sub-Committee The BFS has constituted an Audit Sub-Committee under the BFS Regulations to assist the Board in improving the quality of the statutory audit and internal audit in banks and financial institutions. The Deputy Governor in charge of regulation and supervision heads the sub-committee and two Directors of the Central Board are its members.
Board for Regulation and Supervision of Payment and Settlement Systems (BPSS) The Board for Regulation and Supervision of Payment and Settlement Systems provides an oversight and direction for policy initiatives on payment and settlement systems within the country. The Reserve Bank Governor is the Chairman of the BPSS, while two Deputy Governors, three Directors of the Central Board and some permanent invitees with domain expertise are its members. The BPSS lays down policies for regulation and supervision of payment and settlement systems, sets standards for existing and future systems, authorizes such systems, and lays down criteria for their membership.
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Subsidiaries of RBI
The Reserve Bank has the following fully - owned subsidiaries: Deposit Insurance and Credit Guarantee Corporation (DICGC) With a view to integrating the functions of deposit insurance and credit guarantee, the Deposit Insurance Corporation and Credit Guarantee Corporation of India were merged and the present Deposit Insurance and Credit Guarantee Corporation (DICGC) came into existence on July 15, 1978. Deposit Insurance and Credit Guarantee Corporation (DICGC), established under the DICGC Act 1961, is one of the wholly owned subsidiaries of the Reserve Bank. The DICGC insures all deposits (such as savings, fixed, current, and recurring deposits) with eligible banks except the following: (i) Deposits of foreign Governments; (ii) Deposits of Central/State Governments; (iii) Inter-bank deposits; (iv) Deposits of the State Land Development Banks with the State co-operative bank; (v) Any amount due on account of any deposit received outside India; (vi) Any amount, which has been specifically exempted by the corporation with the previous approval of Reserve Bank of India. Every eligible bank depositor is insured upto a maximum of Rs.1,00,000 (Rupees One Lakh) for both principal and interest amount held by him. National Housing Bank (NHB) National Housing Bank was set up on July 9, 1988 under the National Housing Bank Act, 1987 as a wholly-owned subsidiary of the Reserve Bank to act as an apex level institution for housing. NHB has been established to achieve, among other things, the following objectives: To promote a sound, healthy, viable and cost effective housing finance system to all segments of the population and to integrate the housing finance system with the overall financial system. To promote a network of dedicated housing finance institutions to adequately serve various regions and different income groups. To augment resources for the sector and channelise them for housing. To make housing credit more affordable. To regulate the activities of housing finance companies based on
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regulatory and supervisory authority derived under the Act. To encourage augmentation of supply of buildable land and also building materials for housing and to upgrade the housing stock in the country. To encourage public agencies to emerge as facilitators and suppliers of serviced land for housing.
Bharatiya Reserve Bank Note Mudran Private Limited (BRBNMPL) The Reserve Bank established BRBNMPL in February 1995 as a wholly-owned subsidiary to augment the production of bank notes in India and to enable bridging of the gap between supply and demand for bank notes in the country. The BRBNMPL has been registered as a Public Limited Company under the Companies Act, 1956 with its Registered and Corporate Office situated at Bengaluru. The company manages two Presses, one at Mysore in Karnataka and the other at Salboni in West Bengal. National Bank for Agriculture and Rural Development (NABARD) National Bank of Agriculture and Rural Development (NABARD) is one of the subsidiaries where the majority stake is held by the Reserve Bank. NABARD is an apex Development Bank with a mandate for facilitating credit flow for promotion and development of agriculture, smallscale industries, cottage and,village industries, handicrafts and other rural crafts. It also has the mandate to support all other allied economic activities in rural areas, promote integrated and sustainable rural development and secure prosperity of rural areas.
Staff Strength
As on June 30, 2009, the Reserve Bank had a total staff strength of 20,572. Nearly 46% of the employees were in the officer grade, 19% in the clerical cadre and the remaining 35% were sub staff. While 17,351 staff members were attached to Regional Offices, 3,221 were attached to various Central Office departments.
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The Reserve Bank attaches utmost importance to the development of human capital and skill upgradation in the Indian financial sector. For this purpose, it has, since long, put in place several institutional measures for ongoing training and development of the staff of the banking industry as well as its own staff.
Training Establishments
The Reserve Bank currently has two training colleges and four zonal training centres and is also setting up an advanced learning centre. The Reserve Bank Staff College (originally known as Staff Training College), set up in Chennai in 1963, offers residential training programmes, primarily to its junior and middle-level officers as well as to officers of other central banks, in various areas. The programmes offered can be placed in four broad categories: Broad Spectrum, Functional, Information Technology and Human Resources Management. The College of Agricultural Banking set up in Pune in 1969, focuses on training the senior and middle level officers of rural and co-operative credit sectors. In recent years, it has diversified and expanded the training coverage into areas relating to non-banking financial companies, human resource management and information technology. Both these colleges together conduct nearly 300 training programmes every year, imparting training to over 7,500 staff. The Reserve Bank is also in the process of setting up the Centre for Advanced Financial Learning (CAFL) replacing the Bankers Training College, Mumbai. In addition, the Reserve Bank also has four Zonal Training Centres (ZTCs), in Chennai, Kolkata, Mumbai (Belapur) and New Delhi, primarily for training its clerical and sub-staff. However, of late, the facilities at the ZTCs are also being leveraged for training the junior officers of the Reserve Bank. Academic Institutions The Reserve Bank has also set up autonomous institutions, such as, National Institute of Bank Management (NIBM), Pune; Indira Gandhi Institute for Development Research (IGIDR), Mumbai; and the Institute for Development and Research in Banking Technology (IDRBT), Hydera20
bad. National Institute of Bank Management (NIBM) was established as an autonomous apex institution with a mandate of playing a pro-active role of a think-tank of the banking system. The Institute is engaged in research (policy and operations), education and training of senior bankers and development finance administrators, and consultancy to the banking and financial sectors. Publication of books and journals is also integral to its objectives. International Monetary Fund (IMF), in collaboration with Australian Government Overseas Aid Programme (AUSAID) and the Reserve Bank, has set-up its seventh international centre, the Joint India-IMF Training Programme (ITP) in NIBM for South Asia and Eastern Africa regions. The Indira Gandhi Institute of Development Research (IGIDR) is an advanced research institute for carrying out research on development issues. Starting as a purely research institution, it quickly grew into a full-fledged teaching cum research organisation when in 1990 it launched a Ph.D. programme in the field of development studies. The objective of the Ph.D. programme is to produce analysts with diverse disciplinary background who can address issues of economics, energy and environment policies. In 1995 an M. Phil programme was also started. The institute is fully funded by the Reserve Bank.
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Customer Service: How Can they Help You? customer outreach policy is aimed at informing the public, so that they know what to expect, what choices they have and what rights and obligations they have in relation to banking services. Our customer service initiatives are designed to protect customers rights, enhance the quality of customer service and strengthen the grievance redressal mechanism in the banking sector as a wholeand at the Reserve Bank itself. Our efforts include: Customer Service Department (CSD): Questions? Problems? Concerns? Communicate with this department (helpcsd@rbi.org.in) which was set up in 2006, based at the central office in Mumbai, to respond to system-level customer issues. Banking Codes and Standards Board of India: The Reserve Bank established this board to encourage transparency in lending and fair pricing. This will give customers more confidence in the system and encourage more usage of formal banking. Banking Ombudsman: The Reserve Banks quasi-judicial authority for resolving disputes between commercial banks, primary cooperative banks and regional rural banks and their customers. There is one Banking Ombudsman in virtually every state. (www.bankingombudsman.rbi.org.in)
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NBFC
Non-bank financial companies (NBFCs) are financial institutions that provide banking services without meeting the legal definition of a bank, i.e. one that does not hold a banking license. These institutions are not allowed to take deposits from the public. Nonetheless, all operations of these institutions are still exercised under bank regulation. However this depends on the jurisdiction, as in some jurisdictions, such as New Zealand, any company can do the business of banking, and there are no banking licenses issued. If an organization in New Zealand intends to describe itself as a bank and intends to use the word bank in its title it must first receive approval and official registration and thus license from the nation's central bank, the Reserve Bank of New Zealand.
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Functions of NBFC
1] Receiving of Deposits: The primary function of non-banking financial institution is to receive deposits from the public in various ways such as issue of debentures, unit certificates, savings certificates, subscription etc. Hence, deposits of non-banking companies comprise of money received from the public by way of deposits or a loan or in any other form. 2] Lending of money: Another equally important function is lending of money. Non-banking companies provide financial assistance in various forms-hire purchase finance, leasing finance, consumption finance, and finance for social activities and so on. Easy and timely finance is available and generally those customers who have been denied of bank finance approach these companies and enjoy the credit facilities extended by them. 3] Investment of money: These companies also invest their surplus money on various outlets. In the case of investment companies, their main function is to invest on principle securities and pass on the benefits to small investors.
Services provided
Services Rendered by NBFCs: 1] Mobilisation of savings: The NBFCs play a positive role in accessing certain deposits segments. These companies encourage savings and promote thrift among public. They offer attractive schemes to suit the needs of different classes of customers and attract the idle money by offering attractive rates of interest too. It is found that nearly 98 percept of the deposits received by them are at the rate of 13 percept and above. 2] Provision of easy, simple and adequate credit: NBFCs offer and timely credit to those who are in need of it. They do not follow much formalities and procedures. Moreover, they provide loans even for meeting unusual expenses like marriage and other religious functions. The NBFCs are accessible to all.
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3] Acting as financial supermarket: NBFCs provide a financial supermarket to customers by offering a variety of services. They are very keen in scanning for diversification activities. A variety of services like mutual funds, specialist forex operations, counseling, merchant banking etc. are being provided by them apart from their traditional services. Most of these companies reduce risk through this diversification process. 5] Channelizing funds for productive purposes: NBFCs mobilize the small savings of the public and direct them to productive ventures. Industrialists are able to carry on their production with lesser capital since the capital intensive equipment is supplied to them by leasing companies. 4] Encouraging thrift and developing savings habit: NBFCs encourage thrift and develop savings habit among people by receiving deposits from the public in various forms convenient to them. Generally, they mobilize the savings the savings of the people through the issue of debentures, unit certificates, savings certificates, chits, subscriptions, etc. 5] Providing housing finance: When commercial banks are generally reluctant to enter into the field of housing finance, NBFCs, particularly Housing Finance Companies provide housing finance on convenient terms and thereby they play a significant role in fulfilling one of the basic requirements of the mankind. 4] Increasing the standard of living: People with limited means are not able to enjoy the consumer durable goods. By providing consumer goods on easy instalments basis, these NBFCs increase the standard of living of the people. Above all, an impetus has been given to the transport operators. Increased transport facilities facilitates the movement of goods from one place to another and this availability of all kinds of goods, in turn, increases the standard of living of the people. 5] Promoting economic development: NBFCs play an expanded role so as accelerate the pace of growth of the financial market and to provide a wider choice to investors. Most of them work on the principle of providing a good return on savings while reducing the risk through diversification. Thus, they promote business stability in the economy by keeping the capital market active and busy. They also promote the growth of enterprises only. Moreover, they do not indulge in speculative activities. They are interested in price stability and thus, they have a healthy influ-
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ence on the stock market. Thus, they contribute positively to the economic development of any country. 6] Rendering investment advice: These companies, particularly investment companies provide expert advice in investment of funds as well as for supervising investment. They provide protection to small investors by providing the much needed diversification of investment. They render invaluable services to investors particularly to small ones by choosing the right type of securities which will give the maximum yield. Commercial Banks v/s Non-Banking Companies Commercial banks and non-banking companies are both financial intermediaries receiving deposits from public and lending them or investing them as the case may be according to circumstances. Hence, NBFCs are called Para banks. But there are some vital differences between them. They are: 1] Cheque can be issued against bank deposit whereas no such facility is available in the case of NBFCs. 2] The commercial banks can manufacture credit out of the raw material of deposits by creating claims against themselves. But, NBFCs cannot create credit as commercial banks do. They can lend only out the resources on hand. So, they have limited capacity to create credit. 3] Commercial banks are able to enjoy certain facilities like rediscounting facilities, deposit insurance coverage facilities, refinancing facilities, Etc. These facilities are not extended to NBFCs. 4] Generally, the commercial banks offer lesser rate of interest and also charge lesser rate of interest than that of the NBFCs. 5] Commercial banks are subjected to strict supervision and control of the RBI whereas the NBFCs are more or less completely free from the RBI's control.
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6] A variety of assets in the form of loans of various types, cash credits, overdrafts, bills discounting etc. are held by commercial banks whereas the asset of NBFCs are more or less specialized in nature. For instance, hire purchase companies specialize in consumer loans and housing finance companies specialize in housing finance alone. Though the NBFCs are competing with the commercial banks in tapping the savings of the public in the form of deposits, most of the deposits of these companies find their way ultimately to the commercial banks. In one way or other, they are re-deposited with banks. Besides, some NBFCs do keep a certain percentage of their deposits with the nationalized banks. Hence, it is vital that these two sectors must work hand in hand with each other in the Indian financial system. When compared to banks, the volume of business done by these NBFCs is small
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Types of NBFC
Depending upon their nature of activities, non- banking finance companies can be classified into the following categories:
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DFIs specialize in loans with longer maturities and other financial products. DFIs have a unique advantage in providing finance that is related to the design and implementation of reforms and capacity-building programmes adopted by governments
2. Leasing companies:
Is any financial institution whose principal business is that of leasing equipments or financing of such an activity?
3. Investment companies:
An investment company is a company whose main business is holding securities of other companies purely for investment purposes. The investment company invests money on behalf of its shareholders who in turn share in the profits and losses.
4. Modaraba companies :
"Mudarabah" is a special kind of partnership where one partner gives money to another for investing it in a commercial enterprise. The investment comes from the first partner who is called "rabb-ul-mal", while the management and work is an exclusive responsibility of the other, who is called "mudarib".
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There is no formula for "corporate development" and the activities encompassed are often the role of the CEO or other executives or experienced business consultants. However, particularly in larger companies, corporate development is provided as a charter for a particular executive or team. In these cases, the opportunities and initiatives are numerous enough to justify specialists, instead of being delegated to the office of the CEO and line of business executives. When focused on product or financial issues, corporate development executives often have MBA, CFA or CPA credentials. Often the internal corporate development executives come from a legal background, due to the complex contractual issues associated with many transactions.
The process of corporate development can also be applied to the task of growing the company through mergers and acquisitions. In this scenario, the project development will involve identifying potential target companies for acquisitions or unions resulting in a new and more aggressive corporation. The team will consider all possible outcomes from any given potential merger or acquisition and attempt to project if the action is likely to result in positive growth or could possibly impair the company permanently.
One of the manifestations of corporate development has to do with reshaping the management arm of the corporation. This may involve a process of phasing certain management positions out of the existing structure or creating new positions in an effort to strengthen the management team.
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As part of this type of approach, corporate development may also demand that one or more current managers are released from the company and replaced with people who possess skills required to move the company forward. When this is the case, the corporate development team will handle the functions of recruitment and evaluation of potential hires. Just as a management team may be revamped, corporate development may also be employed to change the current focus for clients. This may mean looking into the potential for breaking into new markets with existing products or developing complementary products that will allow this type of expansion. Corporate development strategy would monitor the trends associated with a corporation's products or services and helps the corporation establish strategies to find more customers. In addition, corporate development works to maximize the profits of a corporation by figuring out the appropriate pricing for a given good or service. A corporate development team also leads discussions with sales department heads regarding how to market corporate goods, organize marketing campaigns, analyze market research and incorporate any customer advice or complaints into marketing strategies in such cases; extensive industry specific business experience is often preferred which is why companies may hire an external firm to help them engage in such moves
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By Supervision:
The RBI has instituted a strong and comprehensive supervisory mechanism for NBFCs.
The focus of the RBI is on prudential supervision so as to ensure that NBFCs function on sound and healthy lines and avoid excessive risk taking.
The RBI has put in place a four pronged supervisory framework based on:
On-site inspection; Off-site monitoring supported by state-ofthe art technology; Market intelligence; and Exception reports of statutory auditors ofNBFCs.
The thrust of supervision is based on the asset size of the NBFC and whether it accepts/ holds Deposits from the public.
The system of on-site examination put in place during 1997 is structured on the basis of assessment and evaluation of CAMELS (Capital, Assets, Management, Earnings, Liquidity, and Systems and Procedures) approach and the same is akin to the supervisory model adopted by the RBI for the banking system.
Market intelligence systemis also being strengthened as one of theimportant tools of supervision.
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This process of continuous and on-going supervision is expected to facilitate RBI to pick up warning signals,which can result in triggering supervisory action promptly. The returns being submitted by the NBFCs arc reviewed and re-looked at intervals to widen the scope of information so as to address the requirements either for supervisory objectives or for furnishing the same to variousinterest groups on the important aspect of the working of these companies. The companies notholding public deposits arc supervised in a limited manner with companies with asset size of Rs.100crore and above being subjected to annual inspection and other non-public deposit companies by rotation once in every 5 years. The exception reports, if any, from the auditors of such companies coupled with adverse market information and the sample check at periodical intervals are the main tools for monitoring the activities of such companysvis--vis the RBIregulations.
By Policy Developments
The RBI introduced a number of measures toenhance the regulatory and supervisory standards of this sector, to bring them on parwith commercial banks over a period of time.
The regulatory norms, applicable to NBFCs are presented in Box 6.2. Regulatory measures adopted during the year aim at aligning the interest rates in this sector with the rates prevalent in the rest of the economy, tightening prudential norms, standardizing operating procedures and aligning the RBIs regulations with the requirements of the amended Companies Act.
ALSO by imposing certain norms and restrictions some of them are as follows.
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A)
1) Certificate of Registration:
No company, other than those exempted by the RBI, cancommence or ea. the business of non-banking financial institutionwithout obtaining a CoR RBI.
The pre-requisite for eligibility for such a CoR is that the NBFC have a minimum NOF of Rs. 25 lakh (since raised to Rs. 2crore on and April 21, 1999 for anynew applicant NBFC). The RBI considers grant CoR after satisfyingitself about the companys compliance with the c enumerated in
B)
Loan and investment companies - 1.5 times of NOF if the company has NOF of Rs. 25 lakh, minimum investment grade (MIG) creditrating, comply with all the prudential norms and has CRAR of15 per cent. Equipment leasing and hire purchase financecompanies - if company has NOF of Rs. 25 lakh and complies with all the prudential norms. i. with MIG credit rating and 12 per cent CRAR - 4 times of NOF
ii. without MIG credit rating but CRAR 15 per cent or above -1.5 times of NOF, or Rs. 10crore, whichever is less.
NBFCs - 15 per cent of outstanding public deposit liabilities as at the close of business on the last working day of the second preceding quarter, of which
ii. Not more than 5 per cent in term deposits with scheduledcommercial banks.
Directions for investments by RNBCs were rationalized in June 2004 with a view to reducing the overall systemic risk in the Financial sector and safeguarding the interest of the depositors.
In this regard the following roadmap was prescribed: a) From the quarter ended June 2005 and onwards, RNBCs were permitted to invest only to the extent of 10% of the Aggregated Liabilities to Depositors (ALDs) as at the second preceding Quarter or one time of their Net Owned Funds, whichever is
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Non-Banking Financial Companies lower, in the manner which in their opinion of the company is safe as per approval of its Board of Directors.
b)
From the quarter ended June 2006 onwards, this limit would stand abolished and RNBCs would not be permitted to invest any amount out of ALDs as per their discretion. However, to avoid strain, in complying with 100% directed investments by companies, the same had been modified to 95% of ALD up to March 31, 2007 and 100% of ALD thereafter. These liquid asset securities are required to be lodged with one of the scheduled commercial banks or Stock Holding Corporation Of India Ltd.. or a depository or its participant (registered with SEB1).Effective October 1, 2002, government securities are to be necessarily held by NBFCs either in Constituents Subsidiary General Ledger Account with a scheduled Commercial bank or in a demit account with a depository participant registered with SEBI.These securities cannot be withdrawn or otherwise dealt with for any purpose other than Repayment of public deposits.
3) Period of Deposits :
No demand deposits NBFCs 12 to 60 months RNBCs 12 to 84 months MNBCs (chit Funds) 6 to 36 months
6.0 per cent on other than daily deposits. Interest may be paid or Compounded at periods not shorter than monthly rests.
6) Submission of returns :
All NBFCs holding or accepting public deposits have to submit periodical returns to RBI at Quarterly, half yearly and annual intervals. C)
Prudential Norms applicable to only those NBFCs which are accepting/holding public deposits.
1)
ii. Equipment leasing companies/hire purchase finance companies (without MIG credit rating) 15 percent
CRAR comprises tier I and tier II capital To be maintained on a Daily basis and not merely on the reporting dates. Tier I Capital core capital or NOF but includes compulsorily convertiblepreference shares (CCPS) as a special case for CRAR purposes. Tier II Capital all quasi-capital like preference shares (other than CCPS) subordinated debt, convertible debentures, etc. Tier III Capital not to exceed tier I capital General provisions and loss reserves not to exceed 1.25 per cent of the risk weighted Assets. Subordinated debt issued with original tenor of 60 months Or more. 2)
Restrictive norms:
Acceptance of public deposits not allowed if the prudential norms are not complied with fully. Any NBFC defaulting in repayment of the matured deposits prohibited from creating any further assets until the defaults are rectified.
Investments in real estate, except for own use, restricted to 10per cent of the owned fund. Investments in unquoted shares restricted as under:EL/HP Companies 10 percent of owned fund Loan/investment companies 20 per cent of owned fund No further investments in real estate or unquoted shares in case of excess position held till its regularization.
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Single borrower
Single group of borrowers - 40 percent of owned fund Exposure norms also applicable to own group companies and Subsidiaries. A) Includes all forms of credit and credit related and certain
B)
Prudential norms but as investments for the purpose of Balance sheet and compliance with investment obligations.
d)
Prudential Norms applicable to all NBFCs irrespective of whether they accept/hold public deposits or not.
1)
2)
NPA norms.
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Recognition of income on accrual basis before the asset becomes NPA as under: Loans and Advances: up to 6 months and 30 days past due period (past due period done away with effect from March 31, 2003) Lease and Hire Purchase Finance: 12 months 3)
Restrictive Norms
Loans against own shares not allowed.
4)
5)
Accounting Standards
All the Accounting Standards and Guidance Notes issued by Institute of Chartered Accountants of India (ICAl) is applicable to all NBFCs in so far as They are not inconsistent with theguidelines of RBI.
6)
All NBFCs to have a well-defined investment policy. Investments classified into two categories (1) Long term and (ii) Current investments.
Long term investments to be valued as per Accounting Standard,Issued by ICAI. Current investments to be classified into - (a) quoted and (b)unquoted.
Block valuation permitted - Notional gains or losses within the Block permitted to be netted - but not inter-block, net notionalgains to be ignored but notional losses to be provided for.
Valuation norms for current unquoted investments are as under: i. Equity shares (at lower of cost or breakup value or fair value) i. Re I/- for the entire block of holding if the balance sheet of 1. the investee company is not available for the last two years ii. Preference shares at lower of cost or face value iii. Government securities at carrying cost iv. Mutual Fund units at net asset value (NAV) for each scheme and v. Commercial paper (CP) at its carrying cost
7)
Asset Classification
All forms of credit (including receivables) to be classified into four Categories Standard asset Sub-standard asset Doubtful asset Loss asset
8)
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Doubtful assets - on unsecured portion 100 per cent and on secured portion 20, 30 and 50 per cent depending on the age of the doubtful assets Loss asset - 100 per cent of the outstanding.
9)
Accelerated additional provisions against NPAsNPA for 12months or more but less than 24 months 10 per cent ofNBVNPA for 24 months or more but less than 36 months 40per cent of NBVNPA for 36 months or more but less than 48months 70 per cent of NBVNPA for 48 months or more 100per cent of NBVValue of any other security considered onlyagainst additional provisions.
Rescheduling in any manner willnot upgrade the asset up to 12 months of satisfactoryperformance under the new terms. Repossessed assets to betreated in the same category of NPA or own assets optionlies with the company.
10)
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Assets deducted from owned fund like exposure to subsidiariesor companies in the same group or intangibles to be assigned0 per cent risk weight.
Exposures to all-India financial institutions (AIFIs) at 20 percent risk weight and all other assets to attract 100 per centrisk - weights. Off-balance sheet items to be factored at 50 or 100 and thenconverted for risk - weight.
11)
Disclosure requirements
1. Every NBFC is required to separately disclose in its balance 1. Sheet the provisions made as outlined above without nettingthem from the income or against the value of assets.
2. The provisions shall be distinctly indicated under separateheads of accounts as under: i. ii. provisions for bad and doubtful assets; and Provisions for depreciation in investments.
3. Such provisions shall not be appropriated from the generalprovisions and loss reserves held, if any, by the NBFC.
4. Such provisions for each year shall be debited to the profitand loss account. The excess of provisions, if any, held underthe heads general provisions and loss reserves may be written back without making adjustment against them.
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Qualifying Assets
i. Loans disbursed by an MFI to a borrower with a rural householdannual income not exceedingRs.60,000 or urban and semi urban household income not exceeding Rs.1,20,000.
ii.
Loan amount not to exceed Rs.35, 000in the first cycle andRs.50, 000in subsequent cycles. Totalindebtedness of the borrower not to exceed Rs.50, 000.
iii.
Tenure of loan not to be less than 24 months for loan amount inexcess of Rs.15,000 withoutprepayment penalty; loan to beextended without collateral
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iv.
Aggregate amount of loan, given for income generation, not to be less than 75 per cent of the total loans given by the MFIs.
v.
Loan to be repayable by weekly, fortnightly or monthly installments at the choice of the borrower.
Pricing of Interest:
Banks should ensure a margin cap of 12 per cent and an interest rate cap of 26 per cent for their lendingto be eligible to be classified aspriority sector loans.
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risk on assets that it has originated and sold to its partner bank. The success of this business model will depend critically on the NBFCs ability to assess the risks involved in the exposures it originates. Threats:Factors such as ability to sustain good asset quality, provide prompt and customized services, enter into franchises or tie up arrangements with manufacturers and dealers, and build large networks to reach out to customers, are vital for success on the business front; so are strong collection and recovery capabilities. NBFC lack such facilities. On the financial side, competitive cost of funds and the ability to capitalize at regular intervals, in line with growth requirements, are key requirements for maintaining competitive positions. Slowly and steadily NBFC is losing ground to banks and it only way out is go for partnership with big.
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NBFC is a Non-Bank Financial Company registered with and regulated by the Reserve Bank of India. NBFCs typically provide small ticket retail loans; microfinance; asset finance such as loans for new & old con-
sumer loans; capital market related products such as promoter finance (loan against shares) and infrastructure finance including equipment and project finance.
These products fulfill an important need in the economy by providing credit to under-banked sections of the economy and other key focus areas such as infrastructure.
Some of these products are provided by banks as well. However, from an operations and regulations point of view, some of these products are more efficiently delivered from an NBFC platform than from a bank platform. In fact, NBFCs have played a leading role in development of key areas such as housing, smallticket retail, infrastructure and equipment finance much before the banks entered these segments.
NBFCs are required to maintain a capital adequacy ratio of either 12% or 15% depending on their classification as compared to 9% for banks.
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While NBFCs can raise term deposits from public, the cost of a deposit raising machinery is prohibitive. However, NBFCs do benefit due to an overall lesser regulatory supervision, control, disclosure, reserves and directed lending requirements as compared to that for banks.
NBFCs primarily depend on borrowings from banks, mutual funds and wholesale markets.
They access various facilities and instruments including, amongst others, bank lines of credit, commercial paper, pass through certificates, non-convertible debentures etc.
These borrowings are primarily in the domestic debt market with limited overseas borrowings. The loans given by the NBFCs typically tend to be a fixed duration whereas the borrowings are a combination of short and long maturities leading to maturity mismatches.
During the liquidity crunch in the financial markets in the past couple of months, NBFCs faced a shortage of credit at reasonable costs.
Most NBFCs have had to slow down their disbursements and instead focus on repaying their maturing short term obligations.
The Regulators have made significant efforts to improve liquidity in the overall financial markets and particularly for NBFCs.
Some of these measures include special liquidity support to banks for lending to NBFCs, allowing specific NBFCs to issue perpetual debt instruments and to raise up to USD 10 MN through short-term foreign currency loans up to a maturity of 3 years amongst other measures.
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In order that NBFCs continue to lend profitably and thereby aid growth of the economy over the long term, the sector now needs certain measures which can provide wider sources of borrowings, particularly of longer maturity.
This requires measures to deepen the debt markets in India and increase the availability of long term funds in general.
External commercial borrowings (ECB) are possibly one source of long maturity funds, notwithstanding the current liquidity shortage in global credit markets.
The Regulators can consider broad-basing the end-use of ECB to include domestic asset finance on a selective basis linked to overall creditworthiness of the NBFC based on parameters like long-term average NPA, CAR, overall corporate governance etc.
Mutual Funds are emerging as an important source of finance for the NBFCs. Regulations which aid Mutual Funds to mobilize long term funds will enable them to lend long.
The current crisis has been one of confidence and not on credit quality. NBFCs have been viewed with suspicion and during financial crisis NBFCs tend to get relatively more affected than most other participants.
Historically NBFCs have been subject to lesser regulatory supervision and control as compared to the banks. This has been used by the NBFC to their advantage. However, this probably is also the cause of lack of confidence amongst investors.
A greater supervision & control by the regulator coupled with better disclosure may actually enhance confidence in the sector.
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Banks are now playing a lead role in the product segments which hitherto were the mainstay of NBFCs. In this context, it is imperative for NBFCs to innovate and create niches to meet credit needs of unique sections in the economy and thereby become partners to banks rather than competitors.
NBFCs with a strong business proposition, pedigree and corporate governance may also consider transforming themselves on to a banking platform if availability of long term finance continues to be a challenge.
Recent years have witnessed significant increase in financial intermediation by the NBFCs. But as far as the current status of the NBFCs is concerned, these are trapped in a cycle of high costs of funds leading to high rate of interest for borrowers. In order to meet with the fund requirements, NBFCs borrow from the markets directly at much higher rates than the banks. Consequently, the rates at which they lend are also higher. As a result, higher interest outgo caps margins of the borrowers from the NBFCs and also deters their growth. NBFCs mostly lend to sectors like infrastructure equipment, farm equipment and commercial vehicles since these areas do not get loans from the banks. Conversion of some of these NBFCs into full-fledged banking structure would enable these infrastructure companies to raise loans at a cheaper rate. Low cost of fund raising will enable these infra companies to maintain the competitive spirit of the industry.
Budget expectations
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Give private banking licenses - The NBFCs wants private banking license because they borrow from the markets directly at much higher rates than the banks. Consequently, the rates at which they lend are also higher. As a result, a higher interest outgo caps margin of the borrowers from the NBFCs deters their growth. NBFCs mostly lend to sectors like infrastructure equipment, farm equipment and commercial vehicles since these areas do not get loans from the banks. Halt monetary tightening - Another demand of the industry is that it wants the finance ministry to urge Reserve Bank of India (RBI) on the issue of monetary tightening because though controlling inflation is of utmost importance, further monetary tightening measures will further boost the refinancing rates for NBFCs. This will result in higher lending and hence decline in overall volume of business. as well because of increase in borrowing rates and tight liquidity conditions will hamper borrowing and lending conditions. Restore the status of priority sector lending against gold loan - Since the RBI has said that advances given by banks to NBFCs for loans that are provided to farmers against gold jewelry, will not be treated as priority sector lending, the NBFCs now dont get priority sector loans and hence the interest rates on the loans they take from banks have been increased because regular loans are costlier than priority sector ones. Hence, the industry wants the status of priority sector lending against gold loan to be restored so that fund raising plans of the industry will not be impacted Outlook NBFC sector faced significant stresses on asset quality, liquidity and funding costs due to the global economic slowdown & its impact on the domestic economy. While all the NBFCs were affected, the impact varied according to the structural features of each NBFC. However, with Indian economy recovering rapidly over the last few quarters, demand side of NBFCs has improved and challenges to asset quality have also come down.
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As such, the sector is now more robust due to the lessons learned from this crisis. Though, profitability is expected to be lower than historical levels due to conservative ALM (asset-liability management), higher provisioning and avoidance of high yielding unsecured loan segments. However, profits are at the same time expected to be much more stable & less susceptible to liquidity related pressures going forward. A robust banking and financial sector is crucial for facilitating higher economic growth and financial intermediaries like NBFCs have a definite and very important role in the financial sector, particularly in a developing economy like ours. NBFCs provide a vital link among various building blocks in a financial system. Hence, NBFCs in India are expected to flourish in the medium-long term since they serve a strong source of finance to infra and auto segments which will be the key sectors for the countrys economic growth in the coming years. After the expected approval of banking license in this budget, these NBFCs will be able to avail deposits from the public which will be the cheapest and best source of fund and will enable these NBFCs to expand their operations in an aggressive manner.
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