Executive Summary:
This circular from the Reserve Bank of India (RBI) addresses the withdrawal of exemptions previously granted to government-owned Non-Banking Financial Companies (NBFCs). It mandates the application of NBFC regulations to these entities, aligning them with other NBFCs. The changes are to be implemented according to a specified timeline, with key deadlines starting from March 31, 2019, and extending up to March 31, 2022.
Key Points / Main Content:
Withdrawal of Exemptions:
Government-owned NBFCs will no longer be exempt from certain regulatory and statutory provisions.
Specifically, exemptions are withdrawn from:
Sections 45IB and 45IC of the RBI Act, 1934.
Master Directions on Systemically Important and Non-Systemically Important NBFCs (except paragraph 23).
Master Directions on Acceptance of Public Deposits by NBFCs (except paragraphs 36, 37, and 41).
Prudential Regulations Timeline:
Income recognition and asset classification norms are to be implemented, with staggered deadlines depending on the type of NBFC, culminating in full compliance by March 31, 2020.
Provisioning requirements for Non-Performing Assets (NPAs) and standard assets are to be implemented by March 31, 2019.
Capital Adequacy:
Minimum Capital to Risk-Weighted Assets Ratio (CRAR) requirements are to be phased in, reaching 15% Tier I capital by March 31, 2022.
Leverage Ratio:
A roadmap for adherence to the leverage ratio by March 31, 2022, must be prepared by Government NBFCs (ND).
Concentration of Credit/Investment:
Government companies set up to serve specific credit sectors may seek exemptions from concentration of investment norms. Otherwise, full compliance is required by March 31, 2022.
Corporate Governance and Conduct of Business:
Regulations related to corporate governance and conduct of business are to be implemented by March 31, 2019.
Acceptance of Deposit Directions:
Government NBFCs accepting public deposits (NBFCD) must have an investment-grade credit rating by March 31, 2019. Deposits are capped at 1.5 times the Net Owned Fund (NOF).
Statutory Provisions:
Section 45 IB (Maintenance of percentage of outstanding deposits) compliance is to be phased in, reaching 15% by March 31, 2022.
Section 45 IC (Reserve Fund) compliance is required by March 31, 2019.
Impact Analysis:
Government-Owned NBFCs:
Impact: Increased regulatory oversight, new compliance requirements related to income recognition, asset classification, provisioning, capital adequacy, leverage, and deposit acceptance.
Action Required: Implement changes to comply with the new regulations as per the specified timelines, including preparing a roadmap for leverage ratio adherence and seeking exemptions where applicable.
Reserve Bank of India (RBI):
Impact: Enhanced regulatory control over government-owned NBFCs, ensuring greater financial stability and standardization across the NBFC sector.
Action Required: Monitor the implementation of the new regulations and issue necessary notifications, including the withdrawal of exemptions under section 45 NC of the RBI Act, 1934.
Customers/Public Depositors of Government NBFCs:
Impact: Enhanced protection of deposits due to stricter regulatory oversight and capital adequacy requirements.
Action Required: Monitor the compliance of Government NBFCs with the new regulations.
Key Entities Referenced
Reserve Bank of India: The central bank of India, responsible for regulating the banking sector and monetary policy.
Government NBFCs: Non-Banking Financial Companies owned by the government, as defined under Clause 45 of Section 2 of the Companies Act, 2013 and Section 617 of the Companies Act, 1956.
Companies Act, 2013: An Act of the Parliament of India that regulates incorporation, operation, and winding up of companies.
Companies Act, 1956: An Act of the Parliament of India that previously regulated incorporation, operation, and winding up of companies, now superseded by the Companies Act, 2013.
RBI Act, 1934: The Reserve Bank of India Act, 1934, which established the Reserve Bank of India and defines its powers and functions.
Master Direction NonBanking Financial Company Systemically Important Non Deposit taking Company and Deposit taking Company Reserve Bank Directions, 2016: A regulatory document issued by the Reserve Bank of India pertaining to Systemically Important Non-Deposit taking and Deposit-taking NBFCs.
Master Direction NonBanking Financial Company NonSystemically Important NonDeposit taking Company Reserve Bank Directions, 2016: A regulatory document issued by the Reserve Bank of India pertaining to Non-Systemically Important Non-Deposit taking NBFCs.
Mumbai, Maharashtra: City in Maharashtra where the Central Office of Department of Non-Banking Regulation of Reserve Bank of India is located.
ž¸¸£÷¸ú¡¸ ¢£{¸¨¸Ä ¤¸ÿˆÅ
RESERVE BANK OF INDIA
www.rbi.org.in
RBI/2017-18/181
DNBR (PD) CC.No.092/03.10.001/2017-18 May 31, 2018
All Government NBFCs
Madam/ Sir,
Withdrawal of Exemptions Granted to Government Owned NBFCs
Government owned companies, as defined under Clause (45) of Section 2 of the Companies
Act, 2013 (Section 617 of the Companies Act, 1956) and registered with the Reserve Bank of
India as NBFCs, are currently exempt from following regulatory and statutory provisions:
(i) Sections 45-IB and 45-IC of the RBI Act, 1934.
(ii) Master Direction - Non-Banking Financial Company - Systemically Important Non-
Deposit taking Company and Deposit taking Company (Reserve Bank) Directions, 2016
and Master Direction - Non-Banking Financial Company – Non-Systemically Important
Non-Deposit taking Company (Reserve Bank) Directions, 2016 (except provisions
contained in paragraph 23 of these Directions).
(iii) Master Direction - Non-Banking Financial Companies Acceptance of Public Deposits
(Reserve Bank) Directions, 2016 (except provisions contained in paragraph 36, 37 and 41
of these Directions).
2. On a review, it has been decided to make the NBFC regulations applicable to
Government NBFCs as per the timeline indicated in the Annex to this circular. Government
NBFCs that are already complying with the prudential regulation as per the road map
submitted by them shall continue to follow the same.
3. Master Directions on Exemptions from the provisions of RBI Act, 1934, Non-Banking
Financial Company – Non-Systemically Important Non-Deposit taking Company (Reserve
Bank) Directions, 2016, Non-Banking Financial Company - Systemically Important Non-
Deposit taking Company and Deposit taking Company (Reserve Bank) Directions, 2016 and
Non-Banking Financial Companies Acceptance of Public Deposits (Reserve Bank)
Directions, 2016, have been updated accordingly.
4. Necessary notification withdrawing the exemption under section 45 NC of the RBI Act,
1934 shall be issued separately.
Yours faithfully
(Manoranjan Mishra)
Chief General Manager
गैरब��कंगिविनयमनिवभाग ,केन्�ीयकायार्लय,2रीमंिजल,सेक्टर1,िव��ापारक��, कफ परेड,मुंबई-400005,भारत
फोन: (+91-22) 22182526 फैक्स:(91-22) 22162768, Email: cgmdnbrco@rbi.org.in
Department of Non-Banking Regulation, Central Office, 2nd Floor, Centre-I, World Trade Centre, Cuffe Parade, Colaba, Mumbai – 400005, India
Tel.: (+91-22) 22182526 Fax: (91-22) 22162768, Email: cgmdnbrco@rbi.org.in
�हदं ीआसानह,ै इसका�योगबढाइय।ेAnnex
Timeline for Government NBFCs
Norm Extant Provisions for Govt. NBFCs Timeline
other NBFCs
Prudential Regulation
Income recognition As prescribed Balance Sheet dated March 31, 2019
Asset Classification NBFC-NDSI and NBFCs- NBFC-NDSI and NBFCs-D
D – 90 days norm 120 days – March 31, 2019
NBFCs-ND – 180 days 90 days – March 31, 2020
norm NBFCs-ND
180 day norm – March 31, 2019
Provisioning For NPAs – As specified As on March 31, 2019– 100% of
requirement in the Directions. prescribed requirement
For Standard Assets
NBFC-NDSI and NBFCs-
D- 0.40%
NBFCs-ND – 0.25%
Capital Adequacy CRAR – 15%
10% (min Tier I – March 31, 2019
Applicable to NDSI Tier 1 – 10%
7%;
and NBFC –D
12% (min Tier I – March 31, 2020
8%)
13% (min Tier I – March 31, 2021
9%)
15% (min Tier I – March 31, 2022
10%)
Leverage Ratio Applicable to NBFC –ND A roadmap for adherence by March 31,
2022 to be prepared by the Govt. NBFC -
ND
Concentration of As prescribed Govt. companies set up to serve specific
credit/ investment sectors may approach the Reserve Bank
for exemptions, if any. For others, the
timeline will be up to balance Sheet
dated March 31, 2022.
Others
Corporate As prescribed Balance Sheet dated March 31, 2019
Governance etc.
Conduct of Business As prescribed Balance Sheet dated March 31, 2019
Regulations (Fair
Practices Code)Norm Extant Provisions for Govt. NBFCs Timeline
other NBFCs
Acceptance of Deposit Directions
Deposit Directions As prescribed for NBFC-D • Investment Grade Credit rating for
acceptance of public deposits- March
31, 2019.
• A Govt. NBFC-D having investment
grade credit rating can accept
deposits only upto 1.5 times of its
NOF. Govt. NBFCs holding deposits
in excess of the limit shall not access
fresh deposits or renew existing ones
till they conform to the limit, the
existing deposits will be allowed to
run off till maturity.
• All other directions shall apply from
Balance Sheet dated March 31, 2019.
Statutory Provisions
Sec 45 IB Maintenance of March 31, 2019–5% of outstanding
percentage of assets – deposits
15% of the outstanding March 31, 2020 – 10% of outstanding
deposits deposits
March 31, 2021 – 12% of outstanding
deposits
March 31, 2022 – 15% of outstanding
deposits
Sec 45 IC Reserve Fund March 31, 2019
*****