Whether NBFC can accept deposit & its related Regulations

Can all NBFCs accept deposits?

All NBFCs are not entitled to accept public deposits. Only those NBFCs to which the Bank had given a specific authorisation are allowed to accept/hold public deposits.

Ceiling Limit on acceptance of Public Deposits & rate of interest and period of deposit which NBFCs can accept?

Yes, there is a ceiling on acceptance of Public Deposits by NBFCs authorized to accept deposits.. An NBFC maintaining required minimum NOF,/Capital to Risk Assets Ratio (CRAR) and complying with the prudential norms can accept public deposits as follows:

Category of NBFC having minimum NOF of Rs 200 lakhs Ceiling on public deposit
AFC* maintaining CRAR of 15% without credit rating 1.5 times of NOF or Rs 10 crore whichever is less
AFC with CRAR of 12% and having minimum investment grade credit rating 4 times of NOF
LC/IC** with CRAR of 15% and having minimum investment grade credit rating 1.5 times of NOF
* AFC = Asset Finance Company
** LC/IC = Loan company/Investment Company

As has been notified on June 17, 2008 the ceiling on level of public deposits for NBFCs accepting deposits but not having minimum Net Owned Fund of Rs 200 lakh is revised as under:

Category of NBFC having NOF more
than Rs 25 lakh but less than Rs 200 lakh
Revised Ceiling on public deposits
AFCs maintaining CRAR of 15% without credit rating Equal to NOF
AFCs with CRAR of 12% and having minimum investment grade credit rating 1.5 times of NOF
LCs/ICs with CRAR of 15% and having minimum investment grade credit rating Equal to NOF

Presently, the maximum rate of interest an NBFC can offer is 12.5%. The interest may be paid or compounded at rests not shorter than monthly rests

The NBFCs are allowed to accept/renew public deposits for a minimum period of 12 months and maximum period of 60 months. They cannot accept deposits repayable on demand

Salient features of NBFCs regulations for deposits

Some of the important regulations relating to acceptance of deposits by NBFCs are as under:

  1. The NBFCs are allowed to accept/renew public deposits for a minimum period of 12 months and maximum period of 60 months. They cannot accept deposits repayable on demand.
  2. NBFCs cannot offer interest rates higher than the ceiling rate prescribed by RBI from time to time. The present ceiling is 12.5 per cent per annum. The interest may be paid or compounded at rests not shorter than monthly rests.
  • NBFCs cannot offer gifts/incentives or any other additional benefit to the depositors.
  1. NBFCs (except certain AFCs) should have minimum investment grade credit rating.
  2. The deposits with NBFCs are not insured.
  3. The repayment of deposits by NBFCs is not guaranteed by RBI.
  • Certain mandatory disclosures are to be made about the company in the Application Form issued by the company soliciting deposits.

‘Deposit’ and ‘Public Deposit’

The term ‘deposit’ is defined under Section 45 I(bb) of the RBI Act, 1934. ‘Deposit’ includes and shall be deemed always to have included any receipt of money by way of deposit or loan or in any other form but does not include:

  1. amount raised by way of share capital, or contributed as capital by partners of a firm;
  2. amount received from a scheduled bank, a co-operative bank, a banking company, Development bank, State Financial Corporation, IDBI or any other institution specified by RBI;
  • amount received in ordinary course of business by way of security deposit, dealership deposit, earnest money, advance against orders for goods, properties or services;
  1. amount received by a registered money lender other than a body corporate;
  2. amount received by way of subscriptions in respect of a ‘Chit’.

Paragraph 2(1)(xii) of the Non-Banking Financial Companies Acceptance of Public Deposits ( Reserve Bank) Directions, 1998 defines a ‘ public deposit’ as a ‘deposit’ as defined under Section 45 I(bb) of the RBI Act, 1934 and further excludes the following:

  1. amount received from the Central/State Government or any other source where repayment is guaranteed by Central/State Government or any amount received from local authority or foreign government or any foreign citizen/authority/person;
  2. any amount received from financial institutions specified by RBI for this purpose;
  • any amount received by a company from any other company;
  1. amount received by way of subscriptions to shares, stock, bonds or debentures pending allotment or by way of calls in advance if such amount is not repayable to the members under the articles of association of the company;
  2. amount received from shareholders by private company;
  3. amount received from directors or relative of the director of an NBFC;
  • amount raised by issue of bonds or debentures secured by mortgage of any immovable property or other asset of the company subject to conditions;
  • the amount brought in by the promoters by way of unsecured loan;
  1. amount received from a mutual fund;
  2. any amount received as hybrid debt or subordinated debt;
  3. any amount received by issuance of Commercial Paper.
  • any amount received by a systemically important non-deposit taking non-banking financial company by issuance of ‘perpetual debt instruments’
  • any amount raised by the issue of infrastructure bonds by an Infrastructure Finance Company

Thus, the directions exclude from the definition of public deposit, amount raised from certain set of informed lenders who can make independent decision.

Whether NBFCs can accept deposits from NRIs?

Effective from April 24, 2004, NBFCs cannot accept deposits from NRIs except deposits by debit to NRO account of NRI provided such amount does not represent inward remittance or transfer from NRE/FCNR (B) account. However, the existing NRI deposits can be renewed.

Nomination facility available to the Depositors of NBFCs

Yes, nomination facility is available to the depositors of NBFCs. The Rules for nomination facility are provided for in section 45QB of the Reserve Bank of India Act, 1934. Non-Banking Financial Companies have been advised to adopt the Banking Companies (Nomination) Rules, 1985 made under Section 45ZA of the Banking Regulation Act, 1949. Accordingly, depositor/s of NBFCs are permitted to nominate one person to whom the NBFC can return the deposit in the event of the death of the depositor/s. NBFCs are advised to accept nominations made by the depositors in the form similar to one specified under the said rules, viz Form DA 1 for the purpose of nomination, and Form DA2 and DA3 for cancellation of nomination and change of nomination respectively.

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