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.
1 Short Title and Commencement.
- These Directions shall be called Non-Banking Financial Company Returns (Reserve Bank) Directions, 2016.
- These directions shall come into force with immediate effect.
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. NBS-7 (on Prudential Norms by NBFCs-ND-SI):
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:-
Sr. | Name of the Return | Periodi-city | Reference Date | Reporting Time | Due on | Remarks |
1 | NBS1 | Quarterly | 31st March/ 30th June/ 30th Sept./ 31st Dec. |
15 days | 15th April/ 15th July/ 15th Oct./ 15th Jan. |
|
2 | NBS2 | Quarterly | 31st March/ 30th June/ 30th Sept./ 31st Dec. |
15 days | 15th April/ 15th July/ 15th Oct./ 15th Jan. |
|
3 | NBS3 | Quarterly | 31st March/ 30th June/ 30th Sept./ 31st Dec. |
15 days | 15th April/ 15th July/ 15th Oct./ 15th Jan. |
|
4 | ALM (NBFC-D) | Half yearly | 31st March/ 30th Sept. |
30 days | 30th April/ 30th Oct. |
NBFCs-D having public deposit of > ₹ 20 crore Or asset size of> ₹ 100 crore |
5 | Branch Information return | Quarterly | 31st March/ 30th June/ 30th Sept./ 31st Dec. |
15 days | 15th April/ 15th July/ 15th Oct./ 15th Jan. |
|
6 | Statutory Auditor Certificate | Annual | 31st March | One month from the date of finalisation of Balance Sheet | Not later than 31st December | |
7 | Reporting to Central Repository of Information on Large Credits (CRILC) | Quarterly | 31st March/ 30th June/ 30th Sept./ 31st Dec. |
21 days | 21st April/ 21st July/ 21st Oct/ 21st Jan |
|
8 | Reporting of Special Mention Account status (SMA-2 return) | Weekly | On Every Friday | |||
9 | Statutory Auditor Certificate | Annual | 31st March | One month from the date of finalisation of Balance Sheet. Not later than 31st December. |
B. Details of returns to be submitted by NBFC-ND-SI:-
Sr. No | Name of the Return | Periodicity | Reference Date | Reporting Time | Due on |
1 | NBS7 | Quarterly | 31st March/ 30th June/ 30th Sept/ 31st Dec. |
15 days | 15th April/ 15th July/ 15th Oct./ 15th Jan. |
2 | NBFCs-ND-SI 500cr | Quarterly | 31st March/ 30th June/ 30th Sept./ 31st Dec. |
15 days | 15th April/ 15th July/ 15th Oct./ 15th Jan. |
3 | ALM-1 | Quarterly | 31st March/ 30th June/ 30th Sept./ 31st Dec. |
15 days | 15th April/ 15th July/ 15th Oct./ 15th Jan. |
4 | ALM-2 & 3 | Half yearly | 31st March/ 30th Sept. |
30 days | 30th April/ 30th Oct. |
5 | ALM-(NBFC-ND-SI) | Annual | 31st March | 15 days | 15th April |
6 | Branch Info return | Quarterly | 31st March/ 30th June/ 30th Sept./ 31st Dec. |
15 days | 15th April/ 15th July/ 15th Oct./ 15th Jan. |
7 | Reporting to Central Repository of Information on Large Credits (CRILC) | Quarterly | 31st March/ 30th June/ 30th Sept./ 31st Dec. |
21 days | 21st April/ 21st July/ 21st Oct/ 21st Jan |
8 | Reporting of Special Mention Account status (SMA-2 return) | Weekly | On Every Friday | ||
9 | Statutory Auditor Certificate | Annual | 31st March | One month from the date of finalisation of Balance Sheet. Not later than 31st December. |
C. Details of returns to be submitted by NBFC-ARC:-
Sr. No | Name of the Return | Periodicity | Reference Date | Reporting Time | Due on |
1 | ARC | Quarterly | 31st March/ 30th June/ 30th Sept./ 31st Dec. |
15 days | 15th April/ 15th July/ 15th Oct./ 15th Jan. |
2 | Statutory Auditor Certificate | Annual | 31st March | One month from the date of finalisation of Balance Sheet. Not later than 31st December. |
D. Details of returns to be submitted by NBFC-ND-having asset size of ₹ 100 crore – ₹ 500 crore
Sr No | Name of the Return | Periodicity | Reference Date | Reporting Time | Due on |
1 | NBS-9 | Annual | 31st March | 60 days | 30th May |
2 | Statutory Auditor Certificate | Annual | 31st March | One month from the date of finalisation of Balance Sheet. Not later than 31st December. |
E. Details of returns to be submitted by NBFC-ND-having asset size below ₹ 100 crore
Sr No | Name of the Return | Periodicity | Reference Date | Reporting Time | Due on |
1 | NBS-8 | Annual | 31st March | 60 days | 30th May |
2 | Statutory Auditor Certificate | Annual | 31st March | One month from the date of finalisation of Balance Sheet. Not later than 31st December. |
F. Details of returns to be submitted by RNBCs
Sr No | Name of the Return | Periodicity | Reference Date | Reporting Time | Due on |
1 | NBS1A | Annual | 31st March | 6 months | 30th Sept |
2 | NBS3A | Quarterly | 31st March/ 30th June/ 30th Sept./ 31st Dec. |
15 days | 15th April/ 15th July/ 15th Oct./ 15th Jan. |
3 | Statutory Auditor Certificate | Annual | 31st March | One month from the date of finalisation of Balance Sheet. Not later than 31st December. |
G. Other Returns by concerned NBFCs
Sr No | Name of the Return | Periodicity | Reference Date | Reporting Time | Due on |
1 | Return on FDI | Half yearly | 31st March/ 30th Sept. |
30 days | 30th April/ 30th Oct. |
2 | Overseas Investments | Quarterly | 31st March/ 30th June/ 30th Sept./ 31st Dec. |
Within 15 days | 15th April/ 15th July/ 15th Oct./ 15th Jan. |
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.
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
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.
List of Circulars or part thereof repealed with the issuance of Master Direction.
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)
Sl. | Particulars | Details |
1 | Name of the company | |
2 | Certificate of Registration No. | |
3 | Registered office Address | |
4 | Corporate office Address | |
5 | The company has been classified by RBI as : (Investment Company/Loan Company/AFC/NBFC-MFI/ NBFC- Factor/ IFC/ IDF- NBFC) |
|
6 | Net Owned Fund (in Rs. Crore) (Calculation of the same is given in the Annex) |
|
7 | Total Assets (in Rs. Crore) | |
8 | Asset-Income pattern: (in terms of RBI Press Release 1998-99/1269 dated April 8, 1999) a) % of Financial Assets to Total Assets b) % of Financial Income to Gross Income (NBFC-Factor / NBFC-MFI / AFC / IFC may also report separately below) |
|
9 | Whether the company was holding any Public Deposits, as on March 31, ____? If Yes, the amount in Rs. Crore |
(Yes/No) |
10. | Has the company transferred a sum not less than 20% of its Net Profit for the year to Reserve Fund? (in terms of Sec 45-IC of the RBI Act, 1934). |
(Yes/No/NA) |
11 | Has the company received any FDI? If Yes, did the company comply with the minimum capitalization norms for the FDI? |
(Yes/No) |
12 | If the company is classified as an NBFC-Factor; a) % of Factoring Assets to Total Assets b) % of Factoring Income to Gross Income |
|
13 | If the company is classified as an NBFC-MFI; % of Qualifying Assets to Net Assets (refer to Notification DNBS.PD.No.234 CGM (US) 2011 dated December 02, 2011) |
|
14 | If the company is classified as an AFC; a) % of Advances given for creation of physical/real assets supporting economic activity to Total Assets b) % of income generated out of these assets to Total Income |
|
15 | If the company is classified as an NBFC-IFC % of Infrastructure Loans to Total Assets |
|
16 | Has there been any takeover/acquisition of control/ change in shareholding/ Management during the year which required prior approval from RBI? (please refer to Master Directions issued by DNBR i) Master Direction – Non-Banking Financial Company – Non-Systemically Important Non-Deposit taking Company (Reserve Bank) Directions ; and ii) Master Direction – Non-Banking Financial Company – Systemically Important Non-Deposit taking Company and Deposit taking Company (Reserve Bank) Directions.) |
(Yes/No) If yes, please specify. |
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: ___________
Quarterly Return to be submitted by NBFCs having overseas Investment –
March 31st / June 30th / September 30th / December 31st
Sr. No. | Name of the WOS / JV (for JV, indicate names of partners) | Country and date of incorporation | Date of NoC from DNBS | Business undertaken |
Sr. no. | Parameters at end of period | |||||||||||||||||||
a) | CRAR : | |||||||||||||||||||
b) | NoF : | |||||||||||||||||||
c) | Net Profit of the NBFC as per the last audited balance sheet : | |||||||||||||||||||
d) | Amount of remittance made to the WOS / JV during the quarter : | |||||||||||||||||||
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e) | Cumulative investment (equity / fund based commitment) in the WOS / JV at the end of the quarter (amount and as percentage of owned funds of the NBFC) : | |||||||||||||||||||
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f) | Aggregate overseas investment of the NBFC as percentage of NoF of the NBFC : | |||||||||||||||||||
h) | Whether the overseas WOS / JV is regulated in the host country. If yes : | |||||||||||||||||||
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j) | Nature of support extended to the JV / WOS by the parent NBFC during the quarter including Guarantee, Letter of Comfort (Also mention whether any other kind of support were given including technical knowledge) : | |||||||||||||||||||
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k) | Returns obtained from the WOS / JV during the quarter | |||||||||||||||||||
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l) | Financial details of JV / WOS | |||||||||||||||||||
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Interest Rate futures transactions for the purpose of hedging by NBFCs – Statement for the Half-year ended……….
Name of the NBFC:
Interest Rate Futures | No. of transactions | Notional principal amount in Rs |
Short | ||
Long |
Authorised signatory
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