RBI compliance for NBFCs has been more complicated lately. There used to be a time when banks enjoyed benefits from non-banking financial firms. There was a moment when compliance with NBFCs was much easier and lenient, but RBI drafted new compliance for NBFCs after the Sahara case and kept them under screening. Securitization of standard assets and instructions for a private placement of NBFCs are a portion of the important regulations. RBI continues to bring forward attempts to resist theory in NBFCs.
Non-Banking Financial Firms are registered under the 2013 Companies Act and are engaged in the business of collecting deposits, loans and advances, buying stocks/bonds/shares, government-issued debentures, and securities. The NBFCs are actively engaged and registered in the financial operations of the Reserve Bank of India. Without getting a license from the Reserve Bank of India, no NBFC can run its business.
The annual NBFC compliance checklist defines the NBFC compliance due date and returns that every NBFC is required to file. The list is rendered according to the RBI guidelines and master directions.
Non-banking financial companies must comply with the compliance later mentioned in this blog, as per the Non-Banking Financial Company Returns (Reserve Bank) Instructions, 2016.
- Deposit Accepting NBFCs;
- Non-Deposit Accepting NBFCs;
- Systematically Important (NBFC-ND-SI);
- Other Non-Deposit Holding Companies;
- Infrastructure Finance Company (IFC)
- Investment and Credit Company (ICC)
- Systemically Important Core Investment Company (CIC)
- NBFC- Non-Operative Financial Holding Company (NOFHC)
- Mortgage Guarantee Companies
- NBFC- Microfinance Companies (MFIs)
- Infrastructure Debt Fund Non-Banking Financial Company (IDF-NBFC)
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Below we have compiled an annual NBFC compliance checklist for every Non-Deposit and Deposit Company. See below:
|S. No||Particulars||Time Limit|
|1.||Undiscovered March Return / NBS-7 Return||On or before 30th June|
|2.||Statutory Auditors Certificate of Income and Assets||On or before 30th June|
|3.||Details of companies with FDI or Foreign Funds||On or before 30th June|
|4.||Inspected return for March / NBS-7||Upon completion|
|5.||The audited file of annual balance and P&L Account||One month from the date of signoff|
|6.||Reconciliation of a Public Deposit Rejection||Before the commencement of the new Financial year|
|7.||Announcement of Auditors to Annual Audit Company||Annual basis|
|1.||Monthly Return||By the 7th of each month|
|2.||Upload Monthly Return||By the 7th of each month|
|1.||Appointment of Director (Appendix-III)||Within 30 days of appointment|
|2.||Resignation of Director that is DIR-12 + Challan report||That too in 30 days of appointment|
|3.||Receipt of any notice at the next Board Meeting and filing a certified copy with the RBI|
According to Master Direction  – The NBFC-NDs-SI and NBFC-SI deposit company must file the following refunds as set out below:
Deposit NBFCs are required to submit the following refunds:
- NBS-1 Refunds: Every NBFC that receives or manages public funds must file an NBS-1 return quarterly. The purpose of filing this return is to take financial information such as Profit and Loss Account, Assets and Liabilities, Disclosures in sensitive areas, etc.
- NBS-2 Refunds: NBFC Receiving Public Funds is required to file a quarterly refund to Prudential Norms. The purpose after submitting this refund is to take into account compliance with a number of strategic principles such as the division of assets, Financial Sufficiency, NOF, Provision, etc.
- NBS-3 refunds: Also, it is a three-quarter refund where every NBFC who takes a deposit needs to apply every quarter. In addition, the purpose of introducing this return is to capture information regarding official investments in Liquid countries. In addition, statutory investments include Fixed Deposits in the Commercial Bank, Central or State Government Securities Schedules, etc.
- NBS-4 Recovery: The type of annual return of critical parameters. Reimbursement must be lodged by the rejected company holding public funds. Earlier it was installed on NBS-5. However, now NBS-5 is suspended as
- NBS-1 is introduced quarterly. The purpose of the NBS-4 application is to obtain the payment status of the rejected NBFCs that receive public funds.
- NBS-6 refunds: It is a monthly refund when the financial market is found by NBFC taking deposits with total assets equal to or in excess of Rs. 100 crores.
- Halm-Yearly ALM Returns by the NBFC receives a public grant of more than Rs. 20 kg or bag size in excess of Rs. 100 crores.
- Audited Sheet and Audit Report of Non-Bank Financial Companies receive public funds. Branch Data Recovery: It is a quarterly refund in which every NBFC that receives or manages public funds needs to deposit it.
NBFC Non-deposit type is needed to send or submit the annual statement of capital funds, risk assets, ratio, etc. it can be submitted either digitally or physically. Moreover, capital adequacy, Liquidity, and other disclosure norms have been consolidated in Non-Banking Financial (Non-Deposit Accepting or Holding) Companies Prudential Norms (Reserve Bank) directions, 2007.
- Exposure to the reality sector both direct and indirect.
- Maturity Patterns for assets and liabilities.
ALM Returns are allowed by NBFC Non-Deposit-SII to be submitted
- ALM-1- Short Term Dynamic Liquidity Statement-Monthly Dynamic Liquidity Statement-
- ALM-2- Short Term Statement, Systemic Liquidity- Half Annual Statement
- ALM-3- Declaration of vulnerability to interest rates- Half a year
Moreover, if you have already obtained the NBFC License, as mentioned above, you are expected to comply with NBFC enforcement. In addition, the effects of non-compliance can lead to severe fines and even to the business being shut down.
However, if it is challenging for you to follow up on NBFC compliance, you can contact the Legalraasta consultant. We will take full care of your Non-Banking Financial Company’s compliance.
- NBS-7: It is a quarterly statement of capital expenditure, estimated asset risk, risk assets, etc., for NBFC-ND-SI. Therefore, you need to install it quarterly.
- A monthly return on the required financial parameters of the NBFCs-ND-SI should be submitted on a monthly basis.
ALM Returns: ALM (Asset-Liability Management) Returns refers to the number of returns that must be submitted by NBFCs-ND-SI from time to time as described below:
- ALM Statement [NBS-ALM1] Changing Temporary: Monthly.
- Property structure ALM Statement [NBS-ALM2]: Half Annual.
- Interest Rate Sensitivity in ALM format – [Statement [NBS-ALM3]: Half Annual.
- Assets Liability Mismatch Statement [ALM-YRLY]: Annually.
- Branch Data Recovery: All NBFCs-ND-SI must submit branch information on a quarterly basis.
Quarterly return on substantial non-deposit financial parameters taken by NBFCs holding assets above Rs. 50 crores and higher but below Rs. 100 crores.
Non-deposit taking NBFCs with an asset size around Rs. 50 crores and Rs. 100 crores The basic details must be submitted periodically over the last three years, such as company name, address, NOF, and profit/loss.
In addition to the above compliances, there are several other compliances under the provisions of the Companies Act, 2013 that must be observed by all NBFCs PAN-India, which are as follows:
- ADT-1, Auditor’s Appointment
- Book and Account Maintenance
- Holding the Regulatory Registers
- Drawing up the financial statements
- Statutory Meetings Convene
- ITR (Income Tax Returns) Filings
- AOC-4, Financial Statements Filing
- MGT-7, Filing Annual Reports ROC (Registrar of Companies)
Compliance that applies to the whole NBFC regardless of the following functions:
- Completion of Annual Reports to RBI: All NBFC (Non-Banking Financial Institution) must submit their Annual Report within 15 days, from the date of the AGM (Annual General Meeting). Each financial institution must provide its Audited Financial Spreadsheet, as well as the Audited P&L (Profit and Loss Statement) submitted by the company to the Board Meeting. Company directors also need to submit a copy of the Board Report or Directors’ Report to Apex Bank.
- SAC or Certificate of Examiners: All NBFCs registered with PAN-India are required to collect a certificate from Legal Examiners. This certificate will serve as a declaration that the NBFC or Non-Banking Financial Company has performed the functions of the NBFC and is included under section 45-IA of the RBI, Act, 1934. Besides, the date on which this certificate is due is one month from the date of completion of the Balance Sheet. However, the time will not exceed December 31.
- Annual Refund: All NBFC receipts that receive or hold deposits must submit an annual refund containing details of the format set by Apex Bank of India.
- Change of Directors and Directors: If the NBFC decides to change its management or directors, then it is compulsory to notify the RBI within 1 month, from the date of the event. Besides, all non-bank financial institutions must submit a written statement, including the following details:
1. Name and Official Appointment of its Chief Executive Officers.
2. Name and residential address of company directors.
3. Sample Signature of Chief Executive Officer authorized to sign on behalf of the Company.
Also, any changes or amendments made by Apex Bank to the guidelines provided above will be notified by the Reserve Bank of India within 1 month from the date of the change or amendment.
In addition to the above-mentioned compliance with RBI for NBFCs with PAN-India registration, there are some other regulations provided by RBI referred to in Chapter IV of the Master Director. These laws are referred to as the Prudential Regulations. Again, it is mandatory for any NBFC to comply with the regulations as follows:
- Leverage ratio: In every course of action, all NBFCs other than the NBFC-IFC (Infrastructure Finance Company) and the NBFC-MFI (Micro Finance Institution) must maintain a leverage ratio of up to 7.
- Accounting Investments: It is mandatory for the NBFCs’ BOD (Board of Directors) to frame and enforce investment policies for the company. The criteria for categorizing investments into long-term and current investments, for instance.
- Frame Policies for Call or Demand Loans: The BOD (Board of Directors) of a pertinent NBFC that plans to call or demand loans must frame a policy that will be adopted by the business.
- Asset classification: All NBFCs applicable to the RBI Master Directorate under Chapter IV shall identify their assets in classes as follows:
1. Standard Property
2. Assets Sub-Standard directors.
3. Doubtful properties
4. Assets Loss
- Standard asset provisioning: Each applicable NBFC is expected to include 0.25 percent of the total outstanding provisions on the standard assets.
- Multiple NBFCs: All NBFCs applicable to the RBI Master Path under Chapter IV will be aggregated jointly to verify the asset-size threshold of Rs 500 crores.
- Company balance sheet disclosures: Each related NBFC under Chapter IV of the RBI Master Guidance will have separate disclosure requirements for bad or questionable debts and investment depreciation.
- A loan taken against the company’s shares is prohibited: no BFCs applicable to the RBI Master Directorate under Chapter IV can either take over or lend credit against their own shares.
What are NBFCs and their forms?
Asset Finance Company, Investment Company, Infrastructure Finance Company, Housing Finance Company, Micro Finance Company, etc. are different forms of NBFC. For a layperson, NBFC is a financial firm that offers banking services of a different kind but does not have a banking license.
Do CRR and SLR have to be maintained by the NBFC?
For example, non-depositing NBFCs have no requirement for a cash reserve ratio (CRR), nor are they required to maintain a statutory liquidity ratio (SLR). Banks are expected, on the other hand, to maintain a CRR on which they earn no interest and a 24 percent SLR.
How is the NBFC raising money?
NBFCs usually collect capital from banks or sell business documents to fund-raise mutual assets. They loan these funds to small and medium businesses, retail customers, etc.
Who controls India’s NBFC?
Within the framework of the Reserve Bank of India Act of 1934, the function and activities of NBFCs are regulated by the Reserve Bank of India (RBI).
Is LIC an NBFC company?
Banks are BFCs (Banking and Financial Companies) where, if you are confused, LICI (LIC of India) is an NBFC. The bank deals primarily with deposit and lending matters, while LIC provides the beneficiary with life insurance cover.
What’s the difference between both the NBFC and the MFI?
NBFC is a non-banking financial institution operating in rustic regions with capabilities such as banks without banks. At a smaller level than NBFC, MFI reflects miniaturized scale account establishments and work. MFI offers the marginalized segments of the general population no credit.
What is the NBFC’s structural importance?
Systemically Significant Non-Deposit Taking (NBFC-NDSI) is defined by not tolerating/holding open stores and having all Rs capital as a non-banking financial firm. The evaluation example consisted of those banks with a size well beyond 2% of GDP.
Will the NBFC provide credit?
Services including loans and credit facilities, currency exchange, retirement planning, money markets, underwriting, and acquisition activities can be provided by NBFCs.
What are the various types of RBI-registered NBFCs?
- Investment and Credit Company
- Mortgage Guarantee Companies
- Infrastructure Finance Company
- NBFC-Non-Operative Financial Holding Company
What is the registration for Central KYC?
The Central KYC registration is rapidly adopted by many NBFC s, it is one of the most significant NBFC enforcement. The aim of CKYC is to collect records for financial services clients. CERSAI, which stands for Central Securitization and Asset Reconstruction and Security Interest Registry, is the central KYC registry authority.