Master Direction- NBFC Returns (Reserve Bank) Directions, 2016

RBI/DNBS/2016-17/47
Master Direction DNBS.PPD.02/66.15.001/2016-17

September 29, 2016

NOTIFICATION

Master Direction- Non-Banking Financial Company Returns (Reserve Bank) Directions, 2016

In exercise of the powers conferred by sections 45 JA, 45K, 45L and 45M of the Reserve Bank of India Act, 1934 (hereinafter referred to as the RBI Act), and of all the powers enabling it in this behalf, the Reserve Bank of India (hereinafter referred to as the Bank) being satisfied that it is necessary and expedient 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 to do so, and in supersession of the Master Circular on returns submitted by the NBFCs, hereby, issues Non-Banking Financial Company Returns (Reserve Bank) Directions, 2016 (the Directions) hereinafter specified.

Index

Chapter – I
Preliminary

1 Short Title and Commencement.

a. These Directions shall be called Non-Banking Financial Company Returns (Reserve Bank) Directions, 2016.

b. These directions shall come into force with immediate effect.

Chapter – II
Introduction

1. All the NBFCs shall put in place a reporting system for filing various returns within the prescribed timeframe.

2. Submission of return should not be delayed for any reason such as the finalization/completion of the Audit of the annual accounts.

3.The compilation of the Return should be on the basis of the figures available in the books of account of the company.

4. The returns shall be filed on-line by an authorised official of the NBFC, who will be specifically authorised in this regard by the Board of Directors.

5. The NBFCs shall strictly adhere to the timeframe fixed in this direction for submitting returns to the Bank failing which concerned NBFCs would be liable for penal action as prescribed under the provisions of Chapter V of the RBI Act.

6. It may be carefully noted that in case the information/particulars furnished by a NBFCs is found incorrect, Reserve Bank of India would take a serious view in the matter.

Chapter – III
Returns to be submitted by NBFCs

The Non Banking Financial Companies (NBFCs) are required to submit various returns to the Bank w.r.t their deposit acceptance, prudential norms compliance, ALM etc. The lists of such returns to be submitted by the NBFCs are as under:

1. NBS-1 Return (on Financial Indicators by deposit taking NBFCs):

With reference to Master Direction – Non Banking Financial Company – Systemically Important – Non Deposit taking and Deposit taking Company (Reserve Bank) Direction 2016, all NBFCs accepting/holding public deposits are required to submit NBS-1 return on a quarterly basis.

Purpose: -To capture financial details, viz. components of Assets and Liabilities, Profit and Loss account, Exposure to sensitive sectors etc.

2. NBS-2 Return (on Prudential Norms by deposit taking NBFCs):

With reference to Master Direction – Non Banking Financial Company – Systemically Important Non Deposit taking and Deposit taking Company (Reserve Bank) Direction 2016, all NBFCs accepting/holding public deposits are required to submit NBS-2 return on a quarterly basis.

Purpose:- To capture compliance with various prudential norms, e.g. Capital Adequacy, Asset Classification, Provisioning, NOF etc.

3. NBS-3 Return (on Liquid Assets by deposit taking NBFCs):

With reference to the provisions of section 45IB (2) of the RBI Act, all NBFCs accepting/holding public deposits are required to submit NBS-3 return on a quarterly basis.

Purpose: – To capture details of Statutory Investments in Liquid Assets (Central/State Government Securities, Fixed Deposits in Scheduled Commercial Bank etc.)

4. NBS-4 Return (on status of public deposits by NBFCs whose CoR is rejected by the Bank):

To be submitted by NBFCs accepting/holding public deposits on an annual basis, whose CoR has been rejected by the Bank.

Purpose:- To know the repayment status of public deposits of rejected NBFCs- D this return is being called for.

5. Asset-Liability Management (ALM) Return (for deposit taking NBFCs):

To be submitted by NBFCs accepting/holding Public Deposits with asset base of ₹ 100 crore & more, or holding public deposits of ₹ 20 crore or more (irrespective of their asset size), as per their latest audited balance sheet as of 31st March. The periodicity of the Asset-Liability Management Return shall be half-yearly.

Purpose: -To address concerns regarding Asset Liability mismatches and interest rate risk exposures, an ALM System was introduced for the deposit taking NBFCs as part of their overall system for effective risk management.

6. NDSI_500cr return (on Important Financial Parameters):

With reference to Master Direction – Non Banking Financial Company – Systemically Important Non Deposit taking and Deposit taking Company (Reserve Bank) Direction 2016, all NBFCs-ND-SI are required to submit NDSI 500cr return on a quarterly basis.

Purpose: – To capture financial details, viz. components of Assets and Liabilities, Profit and Loss account, Exposure to sensitive sectors, sectoral deployment of credit etc.

7. With reference to Master Direction – Non Banking Financial Company – Systemically Important Non Deposit taking and Deposit taking Company (Reserve Bank) Direction 2016, all NBFCs-ND-SI are required to submit NBS-7 return on a quarterly basis.

Purpose: – To capture compliance with various prudential norms, e.g. Capital Adequacy, Asset Classification, Provisioning, NOF etc.

8. Asset-Liability Management (ALM) Returns (for NBFCs-ND-SI):

Multiple Returns are to be submitted by NBFCs-ND-SI at various intervals as given below:

a.Statement of short term dynamic liquidity [NBS-ALM1] – Quarterly
b. Statement of structural liquidity [NBS-ALM2] – Half Yearly
c. Statement of Interest Rate Sensitivity [NBS-ALM3] – Half Yearly
d. Statement on Assets Liability Mismatch [ALM-YRLY] – Annually

Purpose: – To address concerns regarding Asset Liability mismatches and interest rate risk, an ALM System was introduced for the NBFC-ND-SI as part of their overall system for effective risk management.

9. Statutory Auditors Certificate (SAC):

Every NBFC shall submit a Certificate from its Statutory Auditor every year to the effect that it is engaged in the business of non-banking financial institution requiring it to hold a Certificate of Registration granted under section 45-IA of the RBI Act.

With a view to ensure consistency in the manner in which the information is received from the Auditors, a uniform format of the SAC has been prescribed. The NBFC would need to fill in the information, as applicable, in COSMOS. Thereafter, the SAC needs to be scanned and uploaded in COSMOS under the menu “Upload Report”. The format of the SAC is given in Annex 1.

Purpose: To ensure continued regulatory compliance.

10. Branch Information Return (for NBFC-D &NBFC-ND-SI):

To be submitted by NBFCs-ND-SI and NBFCs accepting/holding public deposits, on a quarterly basis.

Purpose: To capture the reach and geographical spread of NBFCs.

11. Certificate on compliance with FDI norms:

The NBFCs having Foreign Direct Investment are required to submit a Certificate from their Statutory Auditor on a half-yearly basis certifying compliance with the existing terms and conditions of FDI, to the Regional Office in whose jurisdiction the registered office of the company is located.

Purpose: To capture compliance with the stipulated minimum capitalization norms and that its activities are restricted to the activities prescribed under FEMA.

12. Overseas Investment Return:

The NBFCs (both deposit taking and non-deposit taking) having overseas investment are required to submit the Overseas Investment Return on a quarterly basis to the Regional Office in whose jurisdiction the registered office of the company is located, and also to the Department of Statistics and Information Management (DSIM), Central Office, Mumbai. The format of the Overseas Investment Return is given in Annex 2.

In addition to the above, an annual certificate from statutory auditors shall be submitted by the NBFCs to the concerned Regional Office of the Bank, certifying that it has fully complied with all the conditions stipulated under Master Direction – Non Banking Financial Company – Systemically Important Non Deposit taking and Deposit taking Company (Reserve Bank) Direction 2016.

Purpose: To capture details on overseas investment by NBFCs.

13. ARC Return:

To be submitted by Asset Reconstruction Companies registered with the Bank on a quarterly basis.

Purpose: To capture financial parameters and various operational details e.g. assets (NPA) acquired, acquisition cost, their recovery status etc.

14. NBS-8 Return (on Financial Indicators by NBFCs with asset size between ₹ 100 crore and ₹ 500 crore):

To be submitted by NBFCs (non-deposit taking) with assets size between ₹ 100 crore to ₹ 500 crore on an annual basis.

Purpose: – To capture profile information and financial details, viz. components of Assets and Liabilities, Profit and Loss account, Exposure to sensitive sectors, Branch Information etc.

15. NBS-9 Return (on Financial Indicators by NBFCs with asset size below ₹ 100 crore):

To be submitted by NBFCs (non-deposit taking) with assets size below ₹ 100 crore on an annual basis.

Purpose: – To capture profile information and financial details, viz. components of Assets and Liabilities, Profit and Loss account, Branch Information etc.

16. NBS-1A & NBS-3A Returns (on Financial Indicators by RNBCs)

To be submitted by Residuary Non-Banking Companies (RNBCs) on a quarterly basis.

Purpose: – To capture financial details, viz. components of Assets and Liabilities, Profit and Loss account, Exposure to sensitive sectors, Statutory Investments in Liquid Assets etc.

17. CRILC & SMA-2 Return (on early Recognition of Stress on large accounts)

All NBFCs-ND-SI, NBFCs-D and NBFC-Factors are required to report the CRILC return on a quarterly basis online through XBRL application (https://125.18.33.234/orfsxbrl/customer/index.jsp). The data includes credit information on all the borrowers having aggregate fund-based and non-fund based exposure of ₹ 5 crore and above with them and the SMA status of the borrower. It may be noted that there is no need to submit ‘Nil’ returns.

Further, the concerned NBFCs are required to report all the SMA-2 accounts (as defined in the Master Direction – Non Banking Financial Company – Systemically Important Non Deposit taking and Deposit taking Company (Reserve Bank) Direction, 2016) on the Friday of the week when the relevant account first came in SMA-2 category. If Friday happens to be a holiday, they will report the same on the preceding working day of the week.

Purpose: To facilitate early Recognition of Financial Distress, Prompt Steps for Resolution and Fair Recovery for Lenders.

18. Statement on Interest Rate Futures transaction

NBFCs participating in IRF exchanges for hedging their underlying exposures are required to submit the half yearly statement, in the format given in Annex-3, to the Regional office of the Department of Non-Banking Supervision in whose jurisdiction their company is registered, within a period of one month from the close of the half year.

Purpose: To know the extent of participation of NBFCs in Interest rate Future market.

Note: The Bank has hosted the formats of returns viz., NBS-1, NBS-2, NBS-3, NBS1A, NBS3A, NBS-7, NBS-8, NBS-9, ALM return, Branch Information return, SCRC return, Statutory Auditor Certificate on the Bank’s website, viz, https://cosmos.rbi.org.in. Concerned NBFCs are required to file the specified returns online through COSMOS application.

NBFCs-D -> Deposit taking Non-Banking Financial Companies (NBFCs);

NBFCs-ND->Non-Deposit taking NBFCs NBFCs- ND-SI -> Individual Non-Banking Financial Companies (NBFCs) not accepting/holding public deposits and having asset sizes of ₹ 500 crore and above (also termed as Systemically Important NBFCs or in short NBFCs-ND-SI) RNBCs ->Residuary Non Banking Companies

The details of returns and their periodicity across distinct categories of NBFCs are consolidated in the following table.

A. Details of returns to be submitted by NBFCs-D:-

B. Details of returns to be submitted by NBFC-ND-SI:-

C.Details of returns to be submitted by NBFC-ARC:-

D. Details of returns to be submitted by NBFC-ND-having asset size of ₹ 100 crore – ₹ 500 crore

E. Details of returns to be submitted by NBFC-ND-having asset size below ₹ 100 crore

F. Details of returns to be submitted by RNBCs

G. Other Returns by concerned NBFCs

Chapter IV
Reporting of Miscellaneous Non-Banking Company

1. Every miscellaneous non-banking company shall deliver to the Reserve Bank an audited balance sheet as on the last date of each financial year and an audited profit and loss account in respect of that year as passed by the company in general meeting together with a copy of the report of the Board of Directors laid before the company in such meeting in terms of section 217(1) of the Companies Act, 1956 (1 of 1956) within fifteen days of such meeting.

2. Without prejudice to the provisions of above paragraph, every miscellaneous non-banking company [holding or accepting deposits] shall submit to the Reserve Bank an annual return furnishing the information specified in the format given.

The format of return is available on https://www.rbi.org.in/Scripts/BS_ViewNBFCForms.aspx

3. (i) Every miscellaneous non-banking company shall, not later than one month from the coming into force of these directions or from the commencement of business, whichever is later, deliver to the Reserve Bank, a written statement containing a list of:-

(a) the names and the official designations of its principal officers;

(b) the names and residential addresses of the directors of the company; and

(c) the specimen signature of the officers authorised to sign on behalf of the company, returns specified in sub-paragraph (1)

(ii) any change in the list referred to in clause (i) of this sub-paragraph shall be intimated to the Reserve Bank within one month from the occurrence of such change.

4. Any balance sheet, returns or information required to be submitted or furnished to the Reserve Bank in pursuance of these directions shall be submitted or furnished to the Regional Office of the [Department of Non Banking Supervision] of the Reserve Bank within whose jurisdiction the registered office of the company is located.

Chapter V
Interpretation

For the purpose of giving effect to the provisions of the Directions, the Bank may, if it considers necessary, issue necessary clarifications in respect of any matter covered herein and the interpretation of any provision of the Directions given by the Bank shall be final and binding on all the parties concerned. Violation of these Directions shall invite penal action under the provisions of RBI Act. Further, these provisions shall be in addition to, and not in derogation of the provisions of any other laws, rules, regulations or directions, for the time being in force

Chapter VI
Repeal Provisions

1. With the issuance of this directions, the instructions / guidelines contained in the circulars mentioned in the Appendix (below), issued by the Bank stand repealed.

2. All approvals / acknowledgements given under the above circulars shall be deemed as given under the directions.

3. All the repealed circulars are deemed to have been in force prior to the coming into effect of these directions.

Appendix

List of Circulars or part thereof repealed with the issuance of Master Direction.

Annex-1

Format of Statutory Auditors’ Certificate (SAC)
(On the letter head of the Statutory Auditors of the company)

We have examined the books of accounts and other records of ——————– (Name of company) for the Financial Year ending March 31, 20…… On the basis of the information submitted to us, we certify the following:

(Write NA whichever is Not applicable)

In terms of Chapter II of the Master Direction- Non Banking financial Companies Auditor’s Report (Reserve bank) Directions, 2016, a separate report to the Board of Directors of the company has been prepared.

I have read and understood Chapter III of the Master Direction- Non Banking financial Companies Auditor’s Report (Reserve bank) Directions, 2016.

Signature and Stamp of the Statutory Auditor:

Date: ____________

Place: ___________

Annex-2

Quarterly Return to be submitted by NBFCs having overseas Investment –
March 31st / June 30th / September 30th / December 31st

Annex-3

Interest Rate futures transactions for the purpose of hedging by NBFCs – Statement for the Half-year ended……….

Name of the NBFC: