Introduction: Non-Banking Financial Company Compliance

Non-Banking Financial Company (NBFC) is one of the most renowned forms of financial institutions in India. NBFC participates in an outstanding role in the GDP of the country’s economy. RBI and other related regulators set rules and regulations, which keep on altering because of changing needs and circumstances. It is important for the NBFC management to know about what to do and how to do it, and there is a strong need to keep abreast of the times. It is equally important for NBFC business owners to follow up with the NBFC annual compliance checklist. By any chance any NBFC found noncompliant; would have to pay hefty penalties. It could also lead to the NBFC license cancellation and closure of the company. As you might have noticed on November 16, 2018, RBI cancels the registration of 65 NBFCs due to non-maintenance of the compliances

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NBFCs as financial institutions refer to a set of rules and regulations which keep on changing on the basis of wavering needs and scenarios. It is important for the NBFC management to know about what to do and how to do, and there is a strong need to keep up with the present dynamic times.”

Please find below the checklist of NBFC compliances, which will help you to file returns on time.  Corpseed with expert compliance advisory can help you achieve end-to-end compliance, let us take care of your Company’s compliance & you enjoy your business!

In September 2016, RBI issued “Master Direction – NBFC–Non-Systemically Important Non-Deposit intriguing Company Directions, 2016”, to be followed by all the NBFCs. There is an exclusive Master Direction for NBFCs that obtains public deposits or NBFCs with asset size above Rs five hundred crores (500cr). Therefore, this direction is irrelevant to such NBFCs.”

Manual of Master Directions:

The following is a list of the most imperative directions, enclosed in the said master directions. However, it is prudent for the readers to read the entire master direction.”

Master Direction Applicability and Exemption  

• NBFC having asset size below Rs five hundred crores and do not accept public deposits.”
• Directions mentioned under Chapter Four (Prudential Regulations), paragraph 68 (KYC Directions), and Chapter Five (FPC guidelines) shall not pertain to those NBFCs who have not retrieved any public funds and customer interface.”
• NBFCs having public funds but no customer interface are excluded from the applicability of paragraph sixty-eight (KYC Directions) and Chapter five (FPC procedure) of the directions.”
• NBFCs having a customer interface but not retrieving public funds are excluded from the applicability of Chapter Four of the directions.
• NBFC-Factor, Micro Finance Institution, Infrastructure Finance Company has an asset size of less than Rs five hundred crores. 

Important definition (i) customer interface and (ii) public funds”

• Public funds refer to the funds elevated through  inter-corporate deposits, public deposits,  bank finance, and the funds received through outside sources such as funds raised by the issue of Commercial Papers, debentures, and so on, however, it excludes funds raised by the issue of instruments mandatorily convertible into equity shares enclosed in a period not exceeding five years from the date of issue.”

Prudential Regulations (Chapter IV)

• Accounting standards – Accounting standards & guidance notes released by ICAI must be convoyed along as far as they are not specious with any of these directions.”
• Investments Accounting – The investment policy for the enterprise shall be defined by the Management of the company and must follow the same,
• Call loans - Management aiming to grant demand or call loans must define policies for the company and shall serve the same for every NBFC.
• Categorization of Asset - Categorization of Assets shall be categorized as follows.
  • Standard assets
  • Doubtful assets and
  • Sub-standard assets
  • Loss assets
• Provisioning of a standard asset – A prerequisite must be created for standard assets at 0.25 percent of the outstanding assets for each NBFC.”
• Various NBFCs – For the purpose of investigative, the perimeter of five hundred crore-asset sizes all the NBFCs must be merged.
• Balance sheet – The prerequisite for bad and uncertain debts and reduction in investment must be individually revealed by every NBFC.
• Schedule to the balance sheet – The facts in the schedule as set out in the directions shall be attached to the balance sheet of every NBFC.
• NBFCs own shares guideline – NBFC shall not fund against its own shares.
• Combine loans to the security of shares – NBFC with asset size of Rs 100 crores and above offering loan against the security of listed shares must maintain a Loan to Value ratio of 50% for loans held against the security of shares. In case of fall, it shall be made good within 7 days. Group 1 securities for loans above 5 lakh can be accepted, where the loan is done for investment in the capital market. Reporting prerequisite to stock exchanges on a quarterly basis.”
• Change in address, directors, auditors, etc. to be submitted – Incas of any change in the address, auditors, or directors, The same shall be communicated by every NBFC within a period of 6 months.

Fair Practices Code for NBFC 

A fair practice code shall be adopted by every applicable NBFC having a customer interface which interalia shall include Loan appraisal and terms/conditions, Disbursement of loans, and General, Responsibility of Board of Directors. “

Governance Issues/ Misc Instructions

• Acquisition of Authority of Applicable NBFCs: Prior written approval from the bank is required.
• Open a Branch or Joint Venture or Supplementary or Representative Office or commission Investment Abroad: Prior permission for RBI is necessary.
• Ratings of NBFCs: In case of any amendment in rating same information shall be reported within 15 days of such change.

Checklist for Proper NBFCs compliance

• The Return to be filed by NBFCs before its due date is within 60 days from the end of the financial year.
• The financial Assets and income from them should be more than 50%.
• The Auditor certificate needs to be uploaded on RBI Official Website”

NBFC Monthly Compliances Submitted By All Non¬-Deposit-Taking NBFCS

To be submitted by all deposit-taking N BFC's having asset size above Rs. 100 crores or public deposits of Rs. 20 crores and above

NBFC Quarterly Compliances

To be submitted by all deposit-taking NBFC’s except residuary NBFC

NBFC Half Yearly Compliances

NBFC Yearly Compliances

NBFC Under Companies Act, 2013

List Of Compliance On Basis Of Type Of NBFC

Non-Deposit Taking NBFCS

Compliance By Deposit Taking NBFC’s With Asset Size Of More Than Rs. 100 Crores Or Having Public Deposits Of Rs. 20 Crores Or More

Compliance By Deposit Taking NBFC’s Except Residuary NBFC’s:

Submitted By All Residuary NBFC

Submitted By Non-Deposit Taking NBFC’s Having Asset Size Between Rs. 50 Crores To Rs. ¬100 Crores

Submitted By All Securitisation and Reconstruction Company

Submitted By Non-Deposit Taking NBFC’s Having Assets Of Rs. 100 To Rs 500 Crores

Submitted By NBFC-ND-Si Having Asset Size Below Rs 100cr

Submitted By All Nbfcs Whether Holding Public Deposits Or Not