RESERVE BANK OF INDIA
DEPARTMENT OF REGULATION
CENTRAL OFFICE, 2ND FLOOR, MAIN OFFICE BUILDING
SHAHID BHAGAT SINGH MARG, FORT, MUMBAI – 400 001
RBI/2020-21/73 February 17, 2021
DOR.FIN.HFC.CC.No.120/03.10.136/2020-21
Master Direction – Non-Banking Financial Company – Housing Finance
Company (Reserve Bank) Directions, 2021
The Reserve Bank of India (the Bank), having considered it necessary in the public
interest, and being satisfied that, for the purpose of enabling the Bank to regulate the
financial system to the advantage of the country and to prevent the affairs of any
Housing Finance Company (HFCs) from being conducted in a manner detrimental to
the interest of investors and depositors or in any manner prejudicial to the interest of
such HFCs, and in exercise of the powers conferred under sections 45L and 45MA of
the Reserve Bank of India Act, 1934 and Sections 30, 30A, 32 and 33 of the National
Housing Bank Act, 1987, hereby issues to every HFC, in supersession of the
regulations/ directions as given in Chapter XVII of these directions, the Non-Banking
Financial Company – Housing Finance Company (Reserve Bank) Directions, 2021
hereinafter specified.
Manoranjan Mishra
(Chief General Manager)
Master Direction
Non-Banking Financial Company – Housing Finance
Company (Reserve Bank) Directions, 2021
Department of Regulation
Contents
Section I Introduction ............................................................................................................................ 1
Chapter I Preliminary ......................................................................................................................... 1
Chapter II Definitions .......................................................................................................................... 4
Chapter III Registration..................................................................................................................... 12
Section II Prudential Regulation ....................................................................................................... 14
Chapter IV Capital .............................................................................................................................. 14
Chapter V Asset Classification and Provisioning ..................................................................... 28
Chapter VI Regulatory Restrictions and Limits ......................................................................... 43
Chapter VII Acceptance of Public Deposits ................................................................................ 52
Section III Governance ......................................................................................................................... 69
Chapter VIII Acquisition/ Transfer of Control ............................................................................. 69
Chapter IX Corporate Governance ................................................................................................ 72
Section IV Miscellaneous Instructions ............................................................................................. 76
Chapter X Opening of Branches/ Offices .................................................................................... 76
Chapter XI Guidelines on Private Placement of Non-Convertible Debentures (NCDs) ... 77
Chapter XII Auditor’s Report ........................................................................................................... 81
Chapter XIII Fair Practice Code ...................................................................................................... 85
Chapter XIV Miscellaneous Instructions...................................................................................... 95
Chapter XV Reporting Requirements ......................................................................................... 106
Chapter XVI Interpretations........................................................................................................... 107
Chapter XVII Repeal......................................................................................................................... 108
Annexures .............................................................................................................................................. 109
Annex I List of regulations prescribed for NBFCs (as updated from time to time) that
are applicable mutatis mutandis to HFCs ................................................................................. 109
Annex II Terms and Conditions applicable to Hybrid Debt Capital Instruments to
qualify for inclusion as Tier II Capital ......................................................................................... 110
Annex III Schedule to the Balance Sheet of an HFC............................................................... 114
Annex IV Indicative list of Balance Sheet Disclosure for HFCs .......................................... 117
Annex V A copy of the ‘Trust Deed’ proforma containing the details and the ‘Trustee
Guidelines’ ......................................................................................................................................... 130
Annex VI Information about the Proposed Promoters/ Directors/ Shareholders of the
Company ............................................................................................................................................ 139
Annex VII ‘Fit and Proper’ Criteria for Directors of HFCs ..................................................... 142
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Annex VIII Declaration and Undertaking by Director.............................................................. 143
Annex IX Form of Deed of Covenants with a Director ........................................................... 146
Annex X Model Code of Conduct for Direct Selling Agents (DSAs)/ Direct Marketing
Agents (DMAs) of Housing Finance Companies ..................................................................... 152
Annex XI Guidelines for engaging Recovery Agents by Housing Finance Companies165
Annex XII Display of Information by HFCs & Most Important Terms and Conditions... 171
Annex XIII Illustrative Guidelines for loan facilities to Visually Impaired Persons ........ 178
Annex XIV Valuation of Properties – Empanelment of Valuers ........................................... 180
Annex XV Notification as “Financial Institution” under Section 2(1)(iv)(m) of the
Securitization and Reconstruction of Financial Assets and Enforcement of Security
Interest Act, 2002 ............................................................................................................................. 183
Annex XVI Guidelines for entry of Housing Finance Companies into Insurance
Business............................................................................................................................................. 189
Annex XVII Guidelines on Wilful Defaulters.............................................................................. 194
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Section I
Introduction
Chapter I
Preliminary
1. Short Title and Commencement and applicability of the Directions
1.1. These directions shall be called the Non-Banking Financial Company –Housing
Finance Company (Reserve Bank) Directions, 2021.
1.2. These directions shall come into force with immediate effect.
2. Applicability
2.1. Unless otherwise directed by the Bank, these directions except directions
contained in Chapter XII shall be applicable to every Housing Finance Company
(HFC) registered under Section 29 A of the NHB Act, 1987.
2.2. The directions contained in Chapter XII shall be applicable to every auditor of an
HFC.
3. Applicability of directions
3.1. The following directions, as further detailed in the Annex I shall apply mutatis
mutandis to all HFCs:
3.1.1. Guidelines on Liquidity Risk Management Framework: All non-deposit
taking HFCs with asset size of ₹100 crore and above and all deposit taking
HFCs (irrespective of asset size) shall pursue liquidity risk management,
which inter alia should cover adherence to gap limits, making use of liquidity
risk monitoring tools and adoption of stock approach to liquidity risk. It will be
the responsibility of the Board of each HFC to ensure that the guidelines are
adhered to. The internal controls required to be put in place by HFCs as per
these guidelines shall be subject to supervisory review.
3.1.2. Guidelines on Maintenance of Liquidity Coverage Ratio (LCR): HFCs
shall maintain a liquidity buffer in terms of LCR, which will promote resilience
of HFCs to potential liquidity disruptions by ensuring that they have sufficient
High Quality Liquid Asset (HQLA) to survive any acute liquidity stress scenario
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lasting for 30 days. Guidelines on LCR will be applicable to HFCs as per the
following timeline:
i) All non-deposit taking HFCs with asset size of ₹10,000 crore & above, and
all deposit taking HFCs irrespective of their asset size:
From December December December December December
01, 2021 01, 2022 01, 2023 01, 2024 01, 2025
Minimum
LCR 50% 60% 70% 85% 100%
ii) All non-deposit taking HFCs with asset size of ₹5,000 crore and above, but
less than ₹10,000 crore:
From December December December December December
01, 2021 01, 2022 01, 2023 01, 2024 01, 2025
Minimum
LCR 30% 50% 60% 85% 100%
3.1.3. Loans against security of shares: HFCs lending against the collateral of
listed shares shall maintain a Loan to Value (LTV) ratio of 50% for loans
granted against the collateral of shares. Any shortfall in the maintenance of
the 50% LTV occurring on account of movement in the share price shall be
made good within seven working days.
3.1.4. Loans against security of single product - gold jewellery: HFCs shall
maintain a Loan-to-Value (LTV) Ratio not exceeding 75 per cent for loans
granted against the collateral of gold jewellery, and shall put in place a Board
approved policy for lending against gold.
3.1.5. Guidelines on Securitization Transactions and reset of Credit
Enhancement: HFCs shall carry out securitization of standard assets and
transfer of assets through direct assignment of cash flows and the underlying
securities. In doing so, HFCs, among other things, shall conform to the
minimum holding period (MHP) and minimum retention requirement (MRR)
standards.
3.1.6. Managing Risks and Code of Conduct in Outsourcing of Financial
Services: It is imperative for HFCs outsourcing their activities that they
ensure sound and responsive risk management practices for effective
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oversight, due diligence and management of risks arising from such
outsourced activities.
3.1.7. Implementation of Indian Accounting Standards: HFCs shall maintain a
prudential floor in respect of impairment allowances and follow instructions
on regulatory capital.
3.1.8. Master Direction - Know Your Customer (KYC) Direction, 2016, as
amended from time to time.
3.1.9. Master Direction - Monitoring of Frauds in NBFCs (Reserve Bank)
Directions, 2016, as amended from time to time.
The guidelines contained in this master direction is applicable to all HFCs
irrespective of asset size.
3.1.10. Master Direction - Information Technology Framework for the NBFC
Sector dated June 08, 2017, as amended from time to time.
3.2. Any other directions/ guidelines issued by any other Department of the Bank, as
applicable to an HFC shall be adhered to.
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Chapter II
Definitions
4. Definition
4.1. For the purpose of these directions, unless the context otherwise requires:
4.1.1. "Act" means the Reserve Bank of India Act, 1934 (Act 2 of 1934).
4.1.2. "Bank" means the Reserve Bank of India constituted under Section 3 of the
Reserve Bank of India Act, 1934.
4.1.3. “Banking Company” means a banking company as defined in Section 5 (c)
of the Banking Regulation Act, 1949 (Act 10 of 1949).
4.1.4. “Break-up value” means the equity capital and reserves as reduced by
intangible assets and revaluation reserves, divided by the number of equity
shares of the investee company.
4.1.5. “Carrying cost” means book value of the assets and interest accrued
thereon but not received.
4.1.6. “Company” means a company registered under Section 3 of the Companies
Act, 1956 (Act 1 of 1956) or the corresponding provision under Companies
Act, 2013 (Act 18 of 2013).
4.1.7. “Companies in the group” shall mean an arrangement involving two or more
entities related to each other through any of the following relationships:
subsidiary – parent (defined in terms of AS 21), joint venture (defined in
terms of AS 27), associate (defined in terms of AS 23), promoter – promotee
(as provided in the SEBI (Acquisition of Shares and Takeover) Regulations,
1997) for listed companies, a related party (defined in terms of AS 18),
common brand name, and investment in equity shares of 20 per cent and
above.
4.1.8. “Conduct of business regulations” means the directions issued by the Bank
from time to time on Fair Practices Code and Know Your Customer.
4.1.9. "Control" shall have the same meaning as assigned to it under clause (e) of
sub-regulation (1) of regulation 2 of Securities and Exchange Board of India
(Substantial Acquisition of Shares and Takeovers) Regulations, 2011.
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4.1.10. “Current investment” means an investment which is by its nature readily
realizable and is intended to be held for not more than one year from the
date on which such investment is made.
4.1.11. “Customer interface” means interaction between the HFC and its customers
while carrying on its business.
4.1.12. “Depositor" means any person who has made a deposit with a company; or
an heir, legal representative, administrator or assignee of the depositor;
4.1.13. “Earning value” means the value of an equity share computed by taking the
average of profits after tax as reduced by the preference dividend and
adjusted for extra-ordinary and non-recurring items, for the immediately
preceding three years and further divided by the number of equity shares of
the investee company and capitalized at the following rate:
a. in case of predominantly manufacturing company, eight per cent;
b. in case of predominantly trading company, ten per cent; and
c. in case of any other company, including non-banking financial company/
housing finance company, twelve per cent;
Note: If, an investee company is a loss-making company, the earning value
will be taken at zero.
4.1.14. “Fair value” means the arithmetic mean of the earning value and the
breakup value.
4.1.15. "Free reserves" means the aggregate of the balance in the share premium
account, capital and debenture redemption reserves and any other reserve
shown or published in the balance sheet of a company and created through
an allocation of profits not being a reserve created for repayment of any
future liability or for depreciation in assets or for bad debts or a reserve
created by revaluation of the assets of the company.
4.1.16. “Housing Finance” shall mean financing, for purchase/ construction/
reconstruction/ renovation/ repairs of residential dwelling units, which
includes:
a. Loans to individuals or group of individuals including co-operative
societies for construction/ purchase of new dwelling units.
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b. Loans to individuals or group of individuals for purchase of old dwelling
units.
c. Loans to individuals or group of individuals for purchasing old/ new
dwelling units by mortgaging existing dwelling units.
d. Loans to individuals for purchase of plots for construction of residential
dwelling units provided a declaration is obtained from the borrower that
he intends to construct a house on the plot within a period of three years
from the date of availing of the loan.
e. Loans to individuals or group of individuals for renovation/ reconstruction
of existing dwelling units.
f. Lending to public agencies including state housing boards for
construction of residential dwelling units.
g. Loans to corporates/ Government agencies for employee housing.
h. Loans for construction of educational, health, social, cultural or other
institutions/ centres, which are part of housing projects and which are
necessary for the development of settlements or townships (see note
below).
i. Loans for construction meant for improving the conditions in slum areas,
for which credit may be extended directly to the slum-dwellers on the
guarantee of the Central Government, or indirectly to them through the
State Governments.
j. Loans given for slum improvement schemes to be implemented by Slum
Clearance Boards and other public agencies.
k. Lending to builders for construction of residential dwelling units.
All other loans including those given for furnishing dwelling units, loans
given against mortgage of property for any purpose other than buying/
construction of a new dwelling unit/s or renovation of the existing dwelling
unit/s as mentioned above, will be treated as non-housing loans and will not
be falling under the definition of “Housing Finance”.
Note: Integrated housing project comprising some commercial spaces (e.g.
shopping complex, school, etc.) can be treated as residential housing,
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provided that the commercial area in the residential housing project does
not exceed 10 per cent of the total Floor Space Index (FSI) of the project.
4.1.17. “Housing finance company” shall mean a company incorporated under the
Companies Act, 2013 that fulfils the following conditions:
a. It is an NBFC1 whose financial assets, in the business of providing
finance for housing, constitute at least 60% of its total assets (netted off
by intangible assets). Housing finance for this purpose shall mean
providing finance as stated at clauses (a) to (k) of Paragraph 4.1.16.
b. Out of the total assets (netted off by intangible assets), not less than
50% should be by way of housing finance for individuals as stated at
clauses (a) to (e) of Paragraph 4.1.16.
Note: The above-mentioned conditions shall be treated as Principal
Business Criteria for HFCs and are applicable from the date of original
instructions issued vide circular DOR.NBFC (HFC).CC.No.118/03.10.136/
2020-21 dated October 22, 2020.
4.1.18. “Hybrid debt” means capital instrument which possesses certain
characteristics of equity as well as of debt.
4.1.19. “Insurance Company” means any company registered under section 3 of
the Insurance Act, 1938 (Act 4 of 1938).
4.1.20. “Investment and Credit Company - (NBFC-ICC)" means any company
which is a financial institution carrying on as its principal business - asset
finance, the providing of finance whether by making loans or advances or
otherwise for any activity other than its own and the acquisition of securities;
and is not any other category of NBFC as defined by the Bank in any of its
Master Directions.
4.1.21. “Lending Public Financial Institution” means –
a. a public financial institution specified in or under Section 4A of the
Companies Act, 1956 or the corresponding provision of Companies Act,
2013; or
1 The company will be treated as an NBFC if its financial assets are more than 50 per cent of its total assets (netted
off by intangible assets) and income from financial assets should be more than 50 per cent of the gross income.
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b. a State Financial, Industrial or Investment Corporation; or
c. a scheduled commercial bank; or
d. the General Insurance Corporation of India established in pursuance of
the provisions of Section 9 of the General Insurance Business
(Nationalization) Act, 1972 (Act 57 of 1972); or
e. any other Institution which the Bank may, by notification, specify in this
behalf.
4.1.22. “Long Term Investment” means an investment other than a current
investment.
4.1.23. “Net Asset Value” means the latest declared net asset value by the mutual
fund concerned in respect of a particular scheme.
4.1.24. “Net Book Value” means:
a. in the case of hire purchase asset, the aggregate of overdue and future
instalments receivable as reduced by the balance of unmatured finance
charges and further reduced by the provisions made as per Paragraph
12.2.1 of these directions.
b. in the case of leased asset, aggregate of capital portion of overdue lease
rentals accounted as receivable and depreciated book value of the lease
asset as adjusted by the balance of lease adjustment account.
4.1.25. “Net Owned Fund” means net owned fund as defined under Section 29A of
the National Housing Bank Act, 1987 including paid up preference shares
which are compulsorily convertible into equity.
4.1.26. “NHB” or “National Housing Bank” means the National Housing Bank
established under Section 3 of The National Housing Bank Act, 1987.
4.1.27. “NHB Act” means the National Housing Bank Act, 1987 (Act 53 of 1987).
4.1.28. “Owned Fund” means paid up equity capital, preference shares which are
compulsorily convertible into equity, free reserves including balance in
share premium account and capital reserves representing surplus arising
out of sale proceeds of asset, excluding reserves created by revaluation of
asset, as reduced by accumulated loss balance, book value of intangible
assets and deferred revenue expenditure, if any.
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4.1.29. “Problem housing finance company” means a housing finance company
which:
a. has refused or failed to meet within five working days any lawful demand
for repayment of the matured public deposits; or
b. intimates the Company Law Board under section 58AA of the
Companies Act, 1956 or the corresponding provision of Companies Act,
2013, about its default to a small depositor in repayment of any public
deposit or part thereof or any interest thereupon; or
c. approaches the Bank for withdrawal of the liquid asset securities to meet
its deposit obligations; or
d. approaches the Bank for any relief or relaxation or exemption from the
provisions of these directions for avoiding default in meeting public
deposit or other obligations; or
e. has been identified by the Bank or the NHB to be a problem housing
finance company either suo moto or based on the complaints from the
depositors about non-repayment of public deposits or on complaints
from the company’s lenders about non-payment of dues.
4.1.30. “Public Deposit” means same as contained in Paragraph 3 (xiii) of Master
Direction - Non-Banking Financial Companies Acceptance of Public
Deposits (Reserve Bank) Directions, 2016. Additionally, any amount
received from NHB or any Public Housing Agency shall also be exempted
from the definition of public deposit.
4.1.31. “Public Funds” includes funds raised either directly or indirectly through
public deposits, inter-corporate deposits, bank finance and all funds
received from outside sources such as funds raised by issue of Commercial
Papers, debentures etc. but excludes funds raised by issue of instruments
compulsorily convertible into equity shares within a period not exceeding
five years from the date of issue.
4.1.32. “Public Housing Agency” shall include any authority, constituted in India by
or under any law, engaged either for the purpose of dealing with and
satisfying the need for housing accommodation or for the purpose of
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planning, development or improvement of cities, towns and villages or for
both.
4.1.33. "Securities" means securities as defined in Section 2(h) of the Securities
Contracts (Regulation) Act, 1956 (Act 42 of 1956).
4.1.34. "Subordinated Debt" means an instrument, which is fully paid up, is
unsecured and is subordinated to the claims of other creditors and is free
from restrictive clauses and is not redeemable at the instance of the holder
or without the consent of NHB. The book value of such instrument shall be
subjected to discounting as provided hereunder:
Remaining Maturity of the instruments Rate of discount
a. Up to one year 100 per cent
b. More than one year but up to two years 80 per cent
c. More than two years but up to three years 60 per cent
d. More than three years but up to four years 40 per cent
e. More than four years but up to five years 20 per cent
to the extent such discounted value does not exceed fifty per cent of Tier I
capital.
4.1.35. “Substantial Interest” means holding of a beneficial interest by an
individual or his spouse or minor child, whether singly or taken together in
the shares of a company, the amount paid up on which exceeds ten per
cent of the paid-up capital of the company; or the capital subscribed by all
the partners of a partnership firm.
4.1.36. “Tier I Capital” means owned fund as reduced by investment in shares of
other non-banking financial companies including housing finance
companies and in shares, debentures, bonds, outstanding loans and
advances including hire purchase and lease finance made to and deposits
with subsidiaries and companies in the same group exceeding, in
aggregate, ten per cent of the owned fund.
4.1.37. “Tier II capital” includes the following:
a. Preference shares other than those which are compulsorily convertible
into equity;
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b. Revaluation reserves at discounted rate of fifty-five per cent.
c. General provisions (including that for Standard Assets) and loss
reserves to the extent these are not attributable to actual diminution in
value or identifiable potential loss in any specific asset and are available
to meet unexpected losses, to the extent of one and one fourth per cent
of risk weighted assets;
d. Hybrid debt capital instruments, provided the instrument complies with
the regulatory requirements specified in Annex II; and
e. Subordinated debt;
to the extent the aggregate does not exceed Tier I capital.
4.1.38. “Tiny deposit” means the aggregate amount of public deposits not
exceeding ₹10,000/- standing in the name of the sole or the first named
depositor in the same capacity in all the branches of the HFC.
4.2. Words or expressions used but not defined herein and defined in the RBI Act, the
NHB Act, Non-Banking Financial Company-Systemically Important Non-Deposit
taking Company and Deposit taking Company (Reserve Bank) Directions, 2016 or
Non-Banking Financial Companies Acceptance of Public Deposits (Reserve Bank)
Directions, 2016 shall have the same meaning as assigned to them therein. Any
words or expressions used and not defined in the aforesaid statutes or directions
issued by the Reserve Bank of India, shall have the meanings assigned to them
under the Banking Regulation Act, 1949, the Companies Act, 1956 or the
Companies Act, 2013.
4.3. If any question arises as to whether a company is a financial institution or not, such
question shall be decided by the Bank in consultation with the Central Government
and the decision of the Bank shall be final and binding on all the parties concerned.
4.4. If any question arises as to whether a company which is a financial institution, is a
housing finance company or not, such question shall be decided by the Bank,
having regard to the principal business of the company and other relevant factors,
and the decision of the Bank shall be final and binding on all the parties concerned.
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Chapter III
Registration
5. Net Owned Fund (NOF) Requirement 2
5.1. In exercise of the powers conferred by clause (b) of sub-section (1) of Section 29A
of the National Housing Bank Act, 1987, and all powers enabling it in that behalf,
the Reserve Bank hereby specifies Rupees Twenty crore as the minimum net
owned funds required for a company to commence housing finance as its principal
business or carry on the business of housing finance as its principal business.
5.2. Provided that a housing finance company holding a Certificate of Registration
(CoR) and having net owned fund of less than Rupees twenty crore, may continue
to carry on the business of housing finance, if such company achieves net owned
fund of Rupees fifteen crore by March 31, 2022 and Rupees twenty crore by March
31, 2023.
It will be incumbent upon such HFCs whose NOF currently stands below Rupees
twenty crore, to submit a statutory auditor's certificate to Reserve Bank within a
period of one month evidencing compliance with the prescribed levels as at the
end of the period indicated above. HFCs failing to achieve the prescribed level
within the stipulated period shall not be eligible to hold the Certificate of
Registration (CoR) as HFCs and registration for such HFCs shall be liable to be
cancelled. Such companies, who wish to be treated as NBFC – Investment and
Credit Companies (NBFC-ICCs), will be required to approach RBI for conversion
of their Certificate of Registration from HFC to NBFC-ICC. Application for such
conversion should be submitted with all supporting documents meant for new
registration together with an auditor’s certificate on principal business criteria
(PBC) and necessary Board resolution approving the conversion.
5.3. The registered HFCs which do not currently fulfil the criteria as specified in
Paragraph 4.1.17, but wish to continue as HFCs, shall be provided with the
following timeline for transition:
2 Gazette notification No. DOR.048/ED(SS)-2020 dated November 18, 2020
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Timeline Minimum percentage of Minimum percentage
total assets towards of total assets towards
March 31, 2022 housing finance housing finance for
March 31, 2023 individuals
March 31, 2024 50%
40%
55% 45%
60% 50%
Such HFCs were required to submit to the Reserve Bank, a Board approved plan
within three months from the date of original instructions issued vide circular
DOR.NBFC (HFC).CC.No.118/03.10.136/2020-21 dated October 22, 2020,
including a roadmap to fulfil the above-mentioned criteria and timeline for
transition. HFCs unable to fulfil the above criteria as per the timeline shall be
treated as NBFC – Investment and Credit Companies (NBFC-ICC) and they will
be required to approach the Reserve Bank for conversion of their Certificate of
Registration from HFC to NBFC-ICC. Application for such conversion should be
submitted with all supporting documents meant for new registration together with
an auditor’s certificate on principal business criteria and necessary Board
resolution approving the conversion.
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Section II
Prudential Regulation
Chapter IV
Capital
6. Capital Requirement
6.1. Every housing finance company shall, maintain a minimum capital ratio on an
ongoing basis consisting of Tier-I and Tier-II capital which shall not be less than
13 per cent as on March 31, 2020;
14 per cent on or before March 31, 2021; and
15 per cent on or before March 31, 2022 and thereafter
of its aggregate risk weighted assets and of risk adjusted value of off-balance sheet
items. The Tier-I capital, at any point of time, shall not be less than 10 per cent.
The total of Tier-II capital, at any point of time, shall not exceed 100 per cent of
Tier-I capital.
On balance sheet assets:
6.2. In these directions, degree of credit risk expressed as percentage weightages
have been assigned to balance sheet assets. Hence, the value of each asset/ item
requires to be multiplied by the relevant risk weights to arrive at risk adjusted value
of assets. The aggregate shall be taken into account for reckoning the minimum
capital ratio. The risk weighted assets shall be calculated as the weighted
aggregate of funded items as detailed hereunder:
Sr. Weighted risk assets - On balance Sheet % Weight
No. items
(1) Cash and bank balances including fixed 0
deposits and certificates of deposits with
banks
(2) Investments:
a) Approved Securities as defined in National 0
Housing Bank Act, 1987 [Except at (c) below]
b) Bonds of public sector banks 20
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Sr. Weighted risk assets - On balance Sheet % Weight
100
No. items 50
c) Fixed deposits/ certificate of deposits/ bonds 100
100
of public financial institutions
0
d) Mortgage backed security, receipt or other 0
0
security evidencing the purchase or 20
acquisition by a housing finance company of
an undivided right, title or interest in any debt
or receivable originated by a housing finance
company recognised by the Bank or NHB and
supervised by NHB or a scheduled
commercial bank and secured by mortgage of
residential immovable property, provided the
conditions specified below in Paragraph 6.2.4
are fulfilled.
e) Shares of all companies and debentures/
bonds/ commercial papers of all companies/
units of all mutual funds.
f) HFC’s investments in innovative perpetual
debt of other HFCs/ banks/ financial
institutions.
(3) a) Domestic Sovereign:
i) Fund based claims on the Central
Government
ii) Direct loan/ credit/ overdraft exposure and
investment in State Government securities
iii) Central Government guaranteed claims
iv) State Government guaranteed claims,
which have not remained in default/ which are
in default for a period not more than 90 days
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Sr. Weighted risk assets - On balance Sheet % Weight
100
No. items 35
50
v) State Government guaranteed claims, 35
which have remained in default for a period of 50
more than 90 days 35
b) (b)(i) Outstanding Housing loans to
individuals up to ₹30 lakh secured by
mortgage of immovable property, which are
classified as standard assets with LTV Ratio
≤ 80%
(b)(ii) Outstanding Housing loans to
individuals up to ₹30 lakh secured by
mortgage of immovable property, which are
classified as standard assets with LTV Ratio
> 80% and ≤ 90%
(b)(iii) Outstanding Housing loans to
individuals above ₹30 lakh and upto ₹75 lakh
secured by mortgage of immoveable property
which are classified as standard assets with
LTV ratio ≤ 75% (loan sanctioned before 01-
08-2017)
(b)(iv) Outstanding Housing loans to
individuals above ₹30 lakh and upto ₹75 lakh
secured by mortgage of immoveable property
which are classified as standard assets with
LTV ratio > 75% and ≤ 80% (loan sanctioned
before 01-08-2017)
(b)(v) Outstanding Housing loans to
individuals above ₹30 lakh and upto ₹75 lakh
secured by mortgage of immoveable property
which are classified as standard assets with
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Sr. Weighted risk assets - On balance Sheet % Weight
No. items
LTV ratio ≤ 80% (loan sanctioned on or after
01-08-2017)
b)(vi) Outstanding Housing loans to 75
individuals above ₹75 lakh secured by
mortgage of immoveable property, which are
classified as standard assets with LTV ratio ≤
75% (loan sanctioned before 01-08-2017)
(b)(vii) Outstanding Housing loans to 50
individuals above ₹75 lakh secured by
mortgage of immoveable property, which are
classified as standard assets with LTV ratio ≤
75% (loan sanctioned on or after 01-08-2017)
(b)(viii) Outstanding amount of Loans given Same as applicable
for the purpose of insurance of the property/ to the respective
borrower in case of individual housing loans housing loan
c) Other housing loans 100
Note : Housing loans referred to in item b)
and c) above are excluding any portion of
such housing loans guaranteed by (i) a
mortgage guarantee company registered with
the Bank in accordance with the Reserve
Bank of India Guidelines for Mortgage
Guarantee Companies; and/or (ii) the Credit
Risk Guarantee Fund Trust
ca) Any portion of housing loans referred to in
item b) and c) of sub-explanation (3)
guaranteed by mortgage guarantee company
registered with the Reserve Bank of India, the
risk weight assets for such guaranteed portion
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Sr. Weighted risk assets - On balance Sheet % Weight
No. items 20
30
shall be calculated as per cent weight As applicable to
unguaranteed
mentioned against the rating of the mortgage portion
guarantee company as below 0
75
Long term ratings of the mortgage guarantee 100
company by the approved credit rating
agencies
AAA or its equivalent
AA or its equivalent
Below AA or its equivalent or unrated
Where ‘+’ or ‘-’ notation is attached to the
rating, the corresponding main rating category
risk weight should be used.
When a guaranteed exposure is classified as
nonperforming in accordance with the
applicable directions, the guarantee will cease
to be a credit risk mitigant and no adjustment
would be permissible under this provision
cb) Any portion of housing loans referred to in
item (b)(b)(i), (b)(b)(ii) and (c) and
guaranteed by Credit Risk Guarantee Fund
Trust
(d) (d)(i)(a) Fund based and non-fund based
exposures to Commercial Real Estate-
Residential Building
(d)(i)(b) Fund based and non-fund based
exposures to all other Commercial Real
Estate
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Sr. Weighted risk assets - On balance Sheet % Weight
No. items 125
(ii) Investments in Mortgage Backed An additional risk
weight of 25% to
Securities (MBS) and other securitised
the risk weight
exposures backed by exposures as at (i) prescribed above
above 100
e) Restructured housing loans 100
0
(4) Current Assets:
0
a) Stock on hire (please see note in Paragraph 100
6.2.2 below) 100
100
b) Inter corporate loans/ deposits
100
c) Loans and advances fully secured by 100
100
company’s own deposits 100
d) Loan to staff 0
e) Other secured loans and advance considered 0
good
f) Bills purchased/ discounted
g) Others (to be specified)
(5) Fixed Assets (net of depreciation):
a) Assets leased out (net book value)
b) Premises
c) Furniture & Fixtures
d) Other Fixed Assets (to be specified)
(6) Other Assets:
a) Income tax deducted at source (net of
provision)
b) Advance tax paid (net of provision)
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Sr. Weighted risk assets - On balance Sheet % Weight
0
No. items
100
c) Interest due on Government Securities and
approved securities
d) Others (to be specified)
Notes:
6.2.1. Netting shall be done only in respect of assets where provisions for
depreciation or for bad and doubtful debts have been made.
6.2.2. Stock on hire shall be shown net of finance charges i.e. interest and other
charges recoverable.
6.2.3. Assets which have been deducted from owned fund to arrive at Tier-I capital
pursuant to Paragraph 4.1.36 shall have a weightage of “0”.
6.2.4. For being eligible for risk weight of 50 per cent, investments in mortgage
backed security, receipt or other security referred to in item (d) of Sr. No. (2)
in the table above should fulfill the following terms and conditions, namely :-
6.2.4.1. The assignment of debt together with the securities therefor and the
receivables there under by the originating housing finance company or
scheduled commercial bank in favour of the trust or the securitization
company as defined in clause (za) of sub-section (1) of section 2 of the
Securitization and Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002 (Act 54 of 2002) issuing such receipt or other
security is complete and irrevocable.
6.2.4.2. The trust or the securitization company is holding the debt together with the
securities therefor exclusively for the benefit of the investors in such receipt
or other security.
6.2.4.3. The originating housing finance company or scheduled commercial bank
participating in the securitization transaction, in which such mortgage
backed security, receipt or other security has been issued, as a seller,
manager, servicer or provider of credit enhancement or liquidity facilities;
a. does not own any equity or preference share in the capital of the
securitisation company or is the beneficiary of the trust;
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b. has not named the trust or the securitisation company in such manner
which implies any connection with it;
c. does not have any of its director, officer or employee on the Board of
securitisation company unless the Board is made up of at least three
members and there is a majority of independent directors and the official
representing the originating institution in the Board of the securitisation
company does not have veto powers;
d. does not directly or indirectly control the trust or the securitisation
company; and
e. has not agreed to support any losses arising out of the securitisation
transaction or to be suffered by the investors involved in it or agreed to
bear recurring expenses of the transaction.
6.2.4.4. Each debt securitised is a loan advanced to an individual for the acquisition/
construction of residential immovable property which has been mortgaged
in favour of the originating housing finance company or scheduled
commercial bank on exclusive basis.
6.2.4.5. Securitised debt had investment grade credit rating by any of the credit
rating agencies at the time of assignment to the trust/ securitisation
company.
6.2.4.6. The investors are entitled to call upon the issuer – the trust/ securitization
company to take steps for recovery in the event of default and distribute the
net proceeds to the investors as per the terms of issue of receipt or other
security.
6.2.4.7. The trust or the securitisation company undertaking the issue in which
investment has been made is not engaged in any business other than the
business of issue and administration of securitisation of housing loans.
6.2.4.8. The trustees appointed to manage the issue is governed by the provisions
of Indian Trusts Act, 1882 (Act 2 of 1882).
6.2.5. LTV ratio as a percentage shall be calculated as per Paragraph 19 of these
directions.
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6.3. Off-Balance Sheet items :
General
6.3.1. HFCs shall calculate the total risk weighted off-balance sheet credit exposure
as the sum of the risk-weighted amount of the market related and non-market
related off-balance sheet items. The risk-weighted amount of an off-balance
sheet item that gives rise to credit exposure shall be calculated by means of a
two-step process:
Step 1: the notional amount of the transaction is converted into a credit
equivalent amount, by multiplying the amount by the specified credit
conversion factor or by applying the current exposure method; and
Step 2: the resulting credit equivalent amount is multiplied by the risk weight
applicable, viz. zero per cent for exposure to Central Government/State
Governments, 20 per cent for exposure to banks and 100 per cent for others.
Non-market-related off- balance sheet items:
6.3.2. The credit equivalent amount in relation to a non-market related off-balance
sheet item shall be determined by multiplying the contracted amount of that
particular transaction by the relevant credit conversion factor (CCF).
Item Item Description CCF
No.
i. Undisbursed amount of housing loans/ other loans 50
ii. Financial & other guarantees 100
iii. Share/ debenture underwriting obligations 50
iv. Partly-paid shares/ debentures 100
v. Bills discounted/ rediscounted 100
vi. Lease contracts entered into but yet to be executed 100
vii. Sale and repurchase agreement and asset sales with recourse, 100
where the credit risk remains within the HFC
viii. Forward assets purchases, forward deposits and partly paid 100
shares and securities, which represents commitments with
certain draw down
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Item Item Description CCF
No.
ix. Lending of HFC securities or posting of securities as collateral 100
x.
by HFC, including instances where these arise out of repo style
xi.
transactions.
xii.
Other commitments (e.g., formal standby facilities and credit
xiii.
xiv. lines (including project loans)) with an original maturity of
xv.
xvi. Up to one year 20
Over one year 50
Similar commitments that are unconditionally cancellable at any 0
time by the HFC without prior notice or that effectively provide
for automatic cancellation due to deterioration in a borrower’s
creditworthiness
Take-out finance in the books of taking-over institutions
(a) Unconditional take-out finance 100
(b) Conditional take-out finance 50
Note: As the counter party exposure will determine the risk
weight, it will be 100 per cent in respect of all borrowers or zero
per cent if covered by government guarantee.
Commitment to provide liquidity facility for securitization of 100
standard asset transaction
Second loss credit enhancement for securitization of standard 100
asset transactions provided by the third party
Other contingent liabilities (To be specified) 50
Non-fund based claims on the Central Government 0
Note:
6.3.2.1. Cash margins/ deposits shall be deducted before applying the conversion
factor.
6.3.2.2. Where the non-market related off-balance sheet item is an undrawn or
partially undrawn fund-based facility, the amount of undrawn commitment
to be included in calculating the off-balance sheet non-market related credit
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exposures is the maximum unused portion of the commitment that could be
drawn during the remaining period to maturity. Any drawn portion of a
commitment forms a part of HFC’s on-balance sheet credit exposure.
For example:
A term loan of ₹100 crore is sanctioned for a large housing project which
can be drawn down in stages over a three year period. The terms of sanction
allow draw down in three stages – ₹25 crore in Stage I, ₹25 crore in Stage
II and ₹50 crore in Stage III, where the borrower needs the HFC’s explicit
approval for draw down under Stages II and III after completion of certain
formalities. If the borrower has drawn already ₹10 crore under Stage I, then
the undrawn portion would be computed with reference to Stage I alone i.e.,
it will be ₹15 crore. If Stage I is scheduled to be completed within one year,
the CCF will be 20 per cent and if it is more than one year then the applicable
CCF will be 50 per cent.
Market Related Off-Balance Sheet Items:
6.3.3. HFCs shall take into account all market related off-balance sheet items (OTC
derivatives and Securities Financing Transactions such as repo/ reverse repo/
CBLO etc.) while calculating the risk weighted off-balance sheet credit
exposures. The credit risk on market related off-balance sheet items is the
cost to an HFC of replacing the cash flow specified by the contract in the event
of counterparty default. This shall depend, among other things, upon the
maturity of the contract and on volatility of rates underlying the type of
instrument.
6.3.4. Market related off-balance sheet items would include:
a. Interest rate contracts – including single currency interest rate swaps, basis
swaps, forward rate agreements, and interest rate futures;
b. Foreign exchange contracts, including contracts involving gold - includes
cross currency swaps (including cross currency interest rate swaps),
forward foreign exchange contracts, currency futures, currency options;
c. Credit Default Swaps; and
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d. Any other market related contracts specifically allowed by the Bank which
give rise to credit risk.
6.3.5. Exemption from capital requirements is permitted for:
a. Foreign exchange (except gold) contracts which have an original maturity
of 14 calendar days or less; and
b. Instruments traded on futures and options exchanges which are subject to
daily mark-to-market and margin payments.
6.3.6. The exposures to Central Counter Parties (CCPs), on account of derivatives
trading and securities financing transactions (e.g. Collateralised Borrowing
and Lending Obligations – CBLOs, Repos) outstanding against them shall be
assigned zero exposure value for counterparty credit risk, as it is presumed
that the CCPs’ exposures to their counterparties are fully collateralized on a
daily basis, thereby providing protection for the CCP’s credit risk exposures.
6.3.7. A CCF of 100 per cent shall be applied to the corporate securities posted as
collaterals with CCPs and the resultant off-balance sheet exposure shall be
assigned risk weights appropriate to the nature of the CCPs. In the case of
Clearing Corporation of India Limited (CCIL), the risk weight shall be 20 per
cent and for other CCPs, the risk weight will be 50 per cent.
Current Exposure Method
6.3.8. The total credit exposure to a counterparty in respect of derivative transactions
should be calculated according to the current exposure method as explained
below.
The credit equivalent amount of a market related off-balance sheet transaction
calculated using the current exposure method is the sum of:
a. current credit exposure; and
b. potential future credit exposure of the contract.
6.3.9. Current credit exposure is defined as the sum of the gross positive mark-to-
market value of all contracts with respect to a single counterparty (positive and
negative marked-to-market values of various contracts with the same
counterparty shall not be netted). The current exposure method requires
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periodical calculation of the current credit exposure by marking these contracts
to market.
6.3.10. Potential future credit exposure is determined by multiplying the notional
principal amount of each of these contracts, irrespective of whether the
contract has a zero, positive or negative mark-to-market value by the relevant
add-on factor indicated below according to the nature and residual maturity of
the instrument.
Credit Conversion Factors for interest rate related, exchange rate
related and gold related derivatives
Credit Conversion Factors (%)
Interest Rate Exchange Rate
Contracts Contracts & Gold
One year or less 0.50 2.00
Over one year to five years 1.00 10.00
Over five years 3.00 15.00
Notes:
a. For contracts with multiple exchanges of principal, the add-on factors are to be
multiplied by the number of remaining payments in the contract.
b. For contracts that are structured to settle outstanding exposure following
specified payment dates and where the terms are reset such that the market
value of the contract is zero on these specified dates, the residual maturity would
be set equal to the time until the next reset date. However, in the case of interest
rate contracts which have residual maturities of more than one year and meet
the above criteria, the CCF or add-on factor is subject to a floor of 1.0 per cent.
c. No potential future credit exposure would be calculated for single currency
floating/ floating interest rate swaps; the credit exposure on these contracts
would be evaluated solely on the basis of their mark-to-market value.
d. Potential future exposures should be based on ‘effective’ rather than ‘apparent
notional amounts’. In the event that the ‘stated notional amount’ is leveraged or
enhanced by the structure of the transaction, the ‘effective notional amount’
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must be used for determining potential future exposure. For example, a stated
notional amount of USD 1 million with payments based on an internal rate of
two times the lending rate of the HFC would have an effective notional amount
of USD 2 million.
Credit conversion factors for Credit Default Swaps (CDS)
6.3.11. A CDS creates a notional short position for specific risk in the reference asset/
obligation for the protection buyer. This position will attract a Credit Conversion
Factor of 100 and a risk weight of 100. The add on factor shall be fixed as 10
per cent (of notional principal of CDS) in relation to potential future exposure.
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Chapter V
Asset Classification and Provisioning
7. Accounting Standards
HFCs that are required to implement Indian Accounting Standards (Ind AS) as per the
Companies (Indian Accounting Standards) Rules, 2015 shall prepare their financial
statements in accordance with Ind AS notified by the Government of India and shall
comply with the regulatory guidance specified in terms of Paragraph 3.1.7 of these
directions. Other HFCs shall comply with the requirements of notified Accounting
Standards (AS) insofar as they are not inconsistent with any of these directions.
8. Asset Classification
The asset classification norms as given below shall apply to every HFC:
8.1. Every HFC shall, after taking into account the degree of well-defined credit
weaknesses and extent of dependence on collateral security for realisation,
classify its lease/ hire purchase assets, loans and advances and any other forms
of credit into the following classes, namely:
a. Standard assets
b. Sub-standard assets
c. Doubtful assets and
d. Loss assets.
8.2. The class of assets referred to above shall not be upgraded merely as a result of
rescheduling, unless it satisfies the conditions required for the upgradation.
8.3. Classes of Assets
8.3.1. “Standard asset” shall mean the asset in respect of which, no default in
repayment of principal or payment of interest is perceived and which does not
disclose any problem or carry more than normal risk attached to the business.
8.3.2. “Sub-standard asset” shall mean:
a. an asset which has been classified as non-performing asset for a period not
exceeding 12 months;
b. an asset, where the terms of the agreement regarding interest and/ or
principal have been re-negotiated or rescheduled after release of any
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instalment of loan or an inter-corporate deposit which has been rolled over,
until the expiry of one year of satisfactory performance under the re-
negotiated or rescheduled terms.
Provided that where a delay in completion of a project is caused on account
of factors beyond the control of the project implementing agency, terms of
the loan agreement regarding interest and/or principal may be rescheduled
once before the completion of the project and such loans may be treated as
standard asset, subject to the condition that such reschedulement shall be
permitted only once by the Board of Directors of the concerned housing
finance company and that interest on such loan is paid regularly and there
is no default.
Provided further that where natural calamities impair the repaying capacity
of a borrower, terms of the loan agreement regarding interest and/or
principal may be rescheduled and such loans shall not be classified as sub-
standard; the classification of such loans would thereafter be governed by
the revised terms and conditions.
Explanation: Extension in repayment tenor of a floating rate loan on reset of
interest rate, so as to keep the EMI unchanged provided it is applied to a
class of accounts uniformly, will not render the account to be classified as
re-negotiated or rescheduled account. In other words, extension or
deferment of EMIs to individual borrowers as against to an entire class,
would render the accounts to be classified as re-negotiated or rescheduled
accounts.
8.3.3. “Doubtful asset” shall mean:
a. a term loan, or
b. a lease asset, or
c. a hire purchase asset, or
d. any other asset,
which remains a sub-standard asset for a period exceeding 12 months.
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8.3.4. “Loss asset” shall mean:
a. an asset which has been identified as loss asset by the HFC or its internal
or external auditor or by the Bank or by the NHB during the inspection of the
HFC, to the extent it is not written off by the HFC; and
b. an asset which is adversely affected by a potential threat of non-
recoverability due to any one of the following, namely:
i. non-availability of security, either primary or collateral, in case of secured
loans and advances;
ii. erosion in value of security, either primary or collateral, is established;
iii. insurance claim, if any, has been denied or settled in part;
iv. fraudulent act or omission on the part of the borrower;
v. the debt becoming time barred under Limitation Act, 1963 (Act 36 of
1963);
vi. inchoate or defective documentation.
Explanation: For the removal of doubt, it is clarified that mere right of the
housing finance company to file suit against the borrower/ guarantor for
recovery of dues does not debar the Bank, NHB or the auditors to consider
the asset or part thereof as loss asset due to aforesaid reasons.
8.3.5. “Non-Performing Asset” (referred to in these directions as “NPA”) shall mean:
a. an asset, in respect of which, interest has remained overdue for a period of
more than ninety days.
b. a term loan (other than the one granted to an agriculturist or to a person
whose income is dependent on the harvest of crops) inclusive of unpaid
interest, when the instalment is overdue for a period of more than ninety
days or more or on which interest amount remained overdue for a period of
more than ninety days.
c. a demand or call loan, which remained overdue for a period of more than
ninety days from the date of demand or call or on which interest amount
remained overdue for a period of more than ninety days.
d. a bill which remains overdue for a period of more than ninety days.
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e. the interest in respect of a debt or the income on receivables under the head
'other current assets' in the nature of short term loans/ advances, which
facility remained overdue for a period of more than ninety days.
f. any dues on account of sale of assets or services rendered or
reimbursement of expenses incurred, which remained overdue for a period
of more than ninety days.
g. the lease rental and hire purchase instalment, which has become overdue
for a period of more than ninety days.
h. an inter corporate deposit, in respect of which interest or principal has
remained overdue for a period of more than ninety days.
i. a term loan granted to an agriculturist or to a person whose income is
dependent on the harvest of crops if the installment of principal or interest
thereon remains unpaid:
i. for two crop seasons beyond the due date if the income of the borrower
is dependent on short duration crops, or
ii. for one crop season beyond the due date if the income of the borrower is
dependent on long duration crop.
Explanation:
i. For the purpose of this sub-clause “long duration” crops would be crops
with crop season longer than one year and crops, which are not “long
duration” crops, would be treated as “short duration” crops.
ii. The crop season for each crop means the period up to harvesting of the
crops raised, would be as determined by the State Level Bankers’
Committee in each State.
j. in respect of loans, advances and other credit facilities (including bills
purchased and discounted), the balance outstanding under the credit
facilities (including accrued interest) made available to the same borrower/
beneficiary when any of the above credit facilities becomes non-performing
asset.
Provided that in the case of lease and hire purchase transactions, an HFC
shall classify each such account on the basis of its record of recovery.
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9. Income Recognition
9.1. The income recognition shall be based on recognised accounting principles.
9.2. Income including interest/ discount or any other charges on NPA shall be
recognised only when it is actually realised. Any such income recognised before
the asset became non-performing and remaining unrealised shall be reversed.
9.3. In respect of hire purchase assets, where instalments are overdue for more than
twelve months, income shall be recognised only when hire charges are actually
received. Any such income taken to the credit of profit and loss account before the
asset becoming non-performing and remaining unrealised, shall be reversed.
9.4. In respect of lease assets, where lease rentals are overdue for more than twelve
months, the income shall be recognised only when lease rentals are actually
received. The net lease rentals taken to the credit of profit and loss account before
the asset became non-performing and remaining unrealised shall be reversed.
Explanation: For the purpose of this paragraph, ‘net lease rentals’ mean gross
lease rentals as adjusted by the lease adjustment account debited/credited to the
profit and loss account and as reduced by depreciation at the rate applicable under
schedule XIV of the Companies Act, 1956.
10. Income from Investment
10.1. Income from dividend on shares of corporate bodies and units of mutual funds
shall be taken into account on cash basis.
Provided that the income from dividend on shares of corporate bodies shall be
taken into account on accrual basis when such dividend has been declared by
the corporate body in its annual general meeting and the HFC’s right to receive
payment is established.
10.2. Income from bonds and debentures of corporate bodies and from Government
securities/ bonds shall be taken into account on accrual basis.
Provided that the interest rate on these instruments is pre-determined and
interest is serviced regularly and is not in arrears.
10.3. Income on securities of corporate bodies or public-sector undertakings, the
payment of interest and repayment of principal of which have been guaranteed
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by Central Government or a State Government shall be taken into account on
accrual basis.
11. Investment Policy and Accounting for Investments
11.1. The Board of Directors of every HFC shall frame investment policy for the
company and shall implement the same. The criteria to classify the investments
into current and long-term investments shall be spelt out by the Board of the
company ex-ante in the investment policy. Investments in securities shall be
classified into current and long term, at the time of making each investment. In
case of inter-class transfer –
a. There shall be no such transfer on ad-hoc basis.
b. Such transfer, if warranted, shall be effected only at the beginning of each half
year, on April 1 or October 1, with the approval of the Board.
c. The investments shall be transferred scrip-wise, from current to long term or
vice-versa, at book value or market value, whichever is lower.
d. The depreciation, if any, in each scrip shall be fully provided for and
appreciation, if any, shall be ignored.
e. The depreciation in one scrip shall not be set off against appreciation in another
scrip, at the time of such inter-class transfer, even in respect of the scrips of
the same category.
11.2. Accounting for Investments
11.2.1. Quoted current investments shall, for the purpose of valuation, be grouped
into the following categories, viz.
a. equity shares
b. preference shares,
c. debentures and bonds,
d. Government securities including treasury bills,
e. units of mutual fund, and
f. others.
11.2.2. Quoted current investments for each category shall be valued at cost or
market value whichever is lower. For this purpose, the investments in each
category shall be considered scrip-wise and the cost and market value
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aggregated for all investments in each category. If the aggregate market
value for the category is less than the aggregate cost for that category, the
net depreciation shall be provided for or charged to the profit and loss
account. If the aggregate market value for the category exceeds the
aggregate cost for the category, the net appreciation shall be ignored.
Depreciation in one category of investments shall not be set off against
appreciation in another category.
11.2.3. Unquoted equity shares in the nature of current investments shall be valued
at cost or breakup value, whichever is lower. Where the balance sheet of the
investee company is not available for two years, such shares shall be valued
at one Rupee only.
11.2.4. Unquoted preference shares in the nature of current investments shall be
valued at cost or face value or the net asset value, whichever is lower. In
case the net asset value is negative or the balance sheet of the investee
company is not available for two years, it should be valued at Rupee one per
company.
11.2.5. Investments in unquoted Government securities or Government guaranteed
bonds shall be valued at carrying cost.
11.2.6. Unquoted investments in the units of mutual funds in the nature of current
investments shall be valued at the net asset value declared by the mutual
fund in respect of each particular scheme.
11.2.7. Commercial papers shall be valued at carrying cost.
11.2.8. A long-term investment shall be valued in accordance with the notified
Accounting Standards.
Note: Unquoted debentures shall be treated as term loans or other type of credit
facilities depending upon the tenure of such debentures for the purpose of income
recognition and asset classification.
12. Provisioning Requirements
The provisioning requirements as given below shall apply to every HFC.
Every HFC shall, after taking into account the time lag between an account
becoming non-performing, its recognition as such, the realisation of the security and
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the erosion over time in the value of security charged, make provision against
standard assets, sub-standard assets, doubtful assets and loss assets as provided
hereunder:
Loans, advances and other credit facilities including bills purchased and discounted-
12.1. The provisioning requirement in respect of loans, advances and other credit
facilities including bills purchased and discounted shall be as under:
Loss Assets The entire asset shall be written off. If the assets are
permitted to remain in the books for any reason, 100%
of the outstanding shall be provided for.
Doubtful Assets (a) 100% provision to the extent to which the advance
is not covered by the realisable value of the security to
which the HFC has a valid recourse shall be made. The
realisable value is to be estimated on a realistic basis;
(b) In addition to item (a) above, depending upon the
period for which the asset has remained doubtful,
provision to the extent of 25% to 100% of the secured
portion (i.e. estimated realisable value of the
outstanding) shall be made on the following basis:
Period for which the asset has been Per cent of
considered as doubtful provision (%)
Up to one year 25
One to three years 40
More than three years 100
Sub-standard A general provision of 15 per cent of total outstanding
assets
Standard assets shall be made.
(a) Standard Assets in 2% provision on the
respect of housing loans at total outstanding
teaser/ special rates i.e. amount of such loans.
housing loans at The provisioning of
comparatively lower rates of these loans to be reset
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interest in the first few years after one year at the
after which rates are re-set at applicable rates from
higher rates the date on which the
rates are reset at higher
rates if the accounts
remain ‘standard’
(b)(i) Standard Assets in 0.75% on the total
respect of Commercial Real outstanding amount of
Estates - Residential such loans
Housing (CRE-RH)
(b)(ii) Standard Assets in 1.00% on the total
respect of all other outstanding amount of
Commercial Real Estates such loans
(CRE)
(b)(iii) Standard Assets in 0.25% on the total
respect of Individual Housing outstanding amount of
Loans such loans
(c) Standard Assets in A general provision of
respect of all loans other 0.4% of the total
than (a) & (b) above outstanding amount of
loans which are
standard assets shall
be made
Provided that no provision need be made towards the portion of housing loan
guaranteed by Credit Risk Guarantee Fund for Low Income Housing (hereinafter
referred as ‘Credit Risk Guarantee Fund Trust’) created by Declaration of Trust
dated May 1, 2012 executed by Government of India and registered as document
no. 1984 dated May 1, 2012 with the Sub-Register V, New Delhi, in case the
housing loan guaranteed by Credit Risk Guarantee Fund Trust becomes non-
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performing. However, the amount outstanding in excess of the guaranteed portion
should be provided for as per the extent directions on provisioning requirement.
Note:
a. Loans under Rural Housing Funds Scheme/ Urban Housing Funds Schemes are
not to be regarded as loans given at teaser/ special rates.
b. Commercial Real Estate – Residential Housing (CRE–RH) would consist of loans
to builders/ developers for residential housing projects (except for captive
consumption) under CRE segment. Such project should ordinarily not include
non-residential commercial real estate. However integrated housing project
comprising of some commercial spaces (e.g. shopping complex, school etc.) can
also be specified under CRE-RH, provided that the commercial area in the
residential housing project does not exceed 10 per cent of the total Floor Space
Index (FSI) of the project. In case the FSI of the commercial area in the
predominantly residential housing complex exceed the ceiling of the project
loans, the entire loan should be classified as CRE and not CRE-RH.
c. Other commercial real estate (CRE) would consist of loan to builders/ developers/
other for office building, retail space, multi-purpose commercial premises, multi-
tenanted commercial premises, industrial or warehouse space, hotels, land
acquisition, development and construction etc. other than those covered by note
(b) above.
d. Loans for third dwelling unit onwards to an individual will also be treated as CRE
exposure.
e. The revised provisioning norms relating to standard category of individual
housing loans would be effective prospectively but the provisions held at present
towards such loans should not be reversed. However, in future, if by applying the
revised provisioning norms, any provisions are required over and above the level
of provisions currently held for the standard category of such loans, these should
be duly provided for.
f. The provisions on standard assets should not be reckoned for arriving at net
NPAs.
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g. The provisions towards standard assets need not be netted from gross advances
but shown separately as ‘Contingent Provisions against Standard Assets’ in the
balance sheet.
Lease and hire purchase assets –
12.2. The provisioning requirements in respect of hire purchase and leased assets shall
be as under:
12.2.1. Hire purchase assets - In respect of hire purchase assets, the total dues
(overdue and future instalments taken together) as reduced by
a. the finance charges not credited to the profit and loss account and
carried forward as unmatured finance charges; and
b. the depreciated value of the underlying asset, shall be provided for.
Explanation: For the purpose of this paragraph,
i. the depreciated value of the asset shall be notionally computed as the
original cost of the asset to be reduced by depreciation at the rate of
twenty per cent per annum on a straight-line method; and
ii. in the case of second hand asset, the original cost shall be the actual
cost incurred for acquisition of such second-hand asset.
Additional provision for hire purchase and leased assets
12.2.2. In respect of hire purchase and leased assets, additional provision shall be
made as under:
(a) Where hire charges or lease rentals are overdue Nil
up to 12 months
(b) Where hire charges or lease rentals are overdue 10 per cent of the
for more than 12 months up to 24 months net book value
(c) Where hire charges or lease rentals are overdue 40 per cent of the
for more than 24 months but up to 36 months net book value
(d) Where hire charges or lease rentals are overdue 70 per cent of the
for more than 36 months but up to 48 months net book value
(e) Where hire charges or lease rentals are overdue 100 per cent of the
for more than 48 months net book value
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12.2.3. On expiry of a period of 12 months after the due date of the last instalment of
hire purchase/ leased asset, the entire net book value shall be fully provided
for.
Notes:
a. The amount of caution money/ margin money or security deposits kept by the
borrower with the HFC in pursuance of the hire purchase agreement shall be
deducted against the provisions stipulated under Paragraph 12.2.1 above, if not
already taken into account while arriving at the equated monthly instalments
under the agreement. The value of any other security available in pursuance to
the hire purchase agreement shall be deducted only against the provisions
stipulated under Paragraph 12.2.2 above.
b. The amount of security deposits kept by the borrower with the HFC in pursuance
to the lease agreement together with the value of any other security available in
pursuance to the lease agreement shall be deducted only against the provisions
stipulated under Paragraph 12.2.2 above.
c. It is clarified that income recognition on and provisioning against NPAs are two
different aspects of prudential norms and provisions as per the norms are
required to be made on NPAs on total outstanding balances including the
depreciated book value of the leased asset under reference after adjusting the
balance, if any, in the lease adjustment account. The fact that income on an
NPA has not been recognised shall not be taken as reason for not making
provision.
d. An asset which has been renegotiated or rescheduled as referred to in Sub-
paragraph (b) of Paragraph 8.3.2 of these directions shall be a sub-standard
asset or continue to remain in the same category in which it was prior to its
renegotiation or re-schedulement as a doubtful asset or a loss asset as the case
may be. Necessary provision shall be made as applicable to such asset till it is
upgraded. In case where an asset has been rescheduled on account of natural
calamities having impaired the repaying capacity of the borrower as provided in
Sub-paragraph (b) of Paragraph 8.3.2, any provisioning made prior to such
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rescheduling shall neither be written back nor adjusted against any provisioning
requirements that may arise in future.
e. All financial leases written on or after April 1, 2002 shall attract the provisioning
requirements as applicable to hire purchase assets.
13. Policy on Demand/ Call Loans
13.1. The Board of Directors of every HFC granting/ intending to grant demand/ call
loans shall frame a policy for the company and implement the same.
13.2. Such policy shall, inter alia, stipulate guidelines in respect of the following -
a. A cut-off date within which the repayment of demand or call loan shall be
demanded or called up.
b. The sanctioning authority shall, record specific reasons in writing at the time
of sanctioning demand or call loan, if the cut-off date for demanding or calling
up such loan is stipulated beyond a period of one year from the date of
sanction.
c. The rate of interest which shall be payable on such loans.
d. Interest on such loans, as stipulated shall be payable either at monthly or
quarterly basis.
e. The sanctioning authority shall, record specific reasons in writing at the time
of sanctioning demand or call loan, if no interest is stipulated or a moratorium
is granted for any period.
f. A cut-off date, for review of performance of the loan, not exceeding six months
commencing from the date of sanction.
g. Such demand or call loans shall not be renewed unless the periodical review
has shown satisfactory compliance with the terms of sanction.
14. Disclosure Norms
HFCs should disclose the items specified in these directions, which are intended to
supplement, and not to replace disclosure requirements specified by statute,
accounting standards or other regulatory authorities. HFCs are also encouraged to
make more comprehensive disclosures than the minimum required if they become
significant and aid in the understanding of the financial position and performance of
the company.
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15. Disclosure of Non-Performing Assets and Provisions in balance sheet
15.1. The outstanding amount and the provisions made as per Paragraph 12 above,
without netting them from the income or against the value of assets, shall be
distinctly disclosed under separate heads of accounts for housing and non-
housing finance business and individually for each type of assets in the balance
sheet as under:
a. for standard, sub-standard, doubtful and loss assets separately for housing
and non-housing finance business along with total; and
b. for depreciation in investments.
15.2. Such provisions shall not be appropriated from the general provisions and loss
reserves held, if any, by the housing finance company.
15.3. Such provision for each year shall be debited to the profit and loss account. The
excess of provisions, if any, held under the heads general provisions and loss
reserves shall be written back without making adjustment against them.
16. Other Disclosures
16.1. Every HFC shall disclose in their notes to accounts to the balance sheet, details
on Principal Business Criteria as per Paragraph 4.1.17, CRAR, exposure to real
estate sector (both direct and indirect), maturity pattern of assets & liabilities,
percentage of outstanding loans against collateral of gold jewellery to their
outstanding total assets, details of levy of penalty by the Bank or NHB, adverse
comments, if any, on HFC made in writing by the Bank or NHB on regulatory
compliances with a specific communication to disclose the same to public, etc.
(please refer to formats in Annex III and Annex IV)
16.2. HFCs are advised to prominently display on their website any penalty levied on
the company by the RBI/ NHB.
16.3. Every HFC shall append to its balance sheet prescribed under the Companies
Act, 2013, the details prescribed under in Annex III.
16.4. With regards to the presentation of Reserve Fund in the annual accounts of the
HFCs, the annual statements shall contain the disclosures as prescribed under
Paragraph 3.2 of Annex IV in the 'Notes forming part of the financial statements'.
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17. Accounting year
Every HFC shall prepare its financial statements for the year ending on the 31st day
of March.
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Chapter VI
Regulatory Restrictions and Limits
18. Loans against HFCs own shares prohibited
No HFC shall lend against its own shares.
19. Loan to Value (LTV) Ratio for housing loans
19.1. No housing finance company shall grant housing loans to individuals:
a. up to ₹30 lakh with LTV ratio exceeding 90 per cent,
b. above ₹30 lakh and up to ₹75 lakh with LTV ratio exceeding 80 per cent, and,
c. above ₹75 lakh with LTV ratio exceeding 75 per cent
Note:
a. The LTV ratio shall be computed as a percentage with total outstanding in the
account (viz, “principal + accrued interest + other charges pertaining to the
loan” without any netting) in numerator and the realizable value of the
residential property mortgaged to the HFC in the denominator. HFCs shall not
include stamp duty, registration and other documentation charges in the cost
of the housing property they finance so that the effectiveness of LTV norms is
not diluted. However, with a view to encourage availability of affordable
housing to borrowers like economically weaker sections (EWS) and low
income groups (LIG), in cases where the cost of the house/ dwelling unit does
not exceed ₹10 lakh, HFCs may add stamp duty, registration and other
documentation charges to the cost of the house/ dwelling unit for the purpose
of computing LTV ratio.
b. HFCs shall be guided by Paragraph 104 of these Directions on valuation of
properties and empanelment of valuers.
20. Concentration of credit/ investment
20.1. No housing finance company shall-
20.1.1. lend to-
a. any single borrower exceeding fifteen per cent of its owned fund; and
b. any single group of borrowers exceeding twenty-five per cent of its owned
fund;
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20.1.2. invest in-
a. the shares of another company exceeding fifteen per cent of its owned
fund;
b. the shares of a single group of companies exceeding twenty-five per cent
of its owned funds;
20.1.3. lend and invest (loans/ investments together) exceeding –
a. twenty-five per cent of its owned fund to a single party; and
b. forty per cent of its owned fund to a single group of parties.
Provided that within the overall ceiling prescribed under Sub- paragraph 20.1,
investment of a housing finance company in the shares of another housing
finance company (other than its subsidiary/ies) shall not exceed fifteen per cent
of the equity capital of the investee company.
Provided that the ceiling on the investment in shares of another company shall
not be applicable in respect of investment in the equity capital of an insurance
company up to the extent specifically permitted, in writing, by the Bank.
20.2. Provided further that nothing contained in Sub-paragraph 20.1 shall apply to-
20.2.1. investments of a housing finance company in shares of
a. its subsidiaries;
b. companies in the same group,
to the extent they have been reduced from owned funds for the calculation of
Net Owned Fund and
20.2.2. the book value of debentures, bonds, outstanding loans and advances
(including hire-purchase and lease finance) made to, and deposits with-
a. subsidiaries of a housing finance company; and
b. companies in the same group,
to the extent they have been reduced from owned fund for the calculation of
Net Owned Fund.
Notes:
a. For determining the abovementioned limits, off-balance sheet exposures shall be
converted into credit risk by applying the conversion factors, as explained in
Paragraph 6.3.
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b. The investment in debentures for the above purpose shall be treated as credit and
not investment.
c. The above ceilings on credit/ investments shall be applicable to the own group of
the housing finance company as well as to the other group of borrowers/ investee
companies, subject to the ceiling prescribed in Paragraph 21.
d. “Shares” shall mean and include investment in various instruments such as Equity
Shares, Preference Shares eligible for capital status, Subordinated Debt
Instruments, Hybrid Debt Capital Instruments and any other quasi-capital
instruments approved as in the nature of capital.
e. Investment of a housing finance company in the shares of its subsidiaries,
companies in the same group and other housing finance companies, to the extent
of ten per cent of its owned fund, shall carry a risk weight of 100 per cent as
prescribed at item (2) (e) of ‘Weighted Risk Assets- on balance sheet items in
Paragraph 6.2 of these directions. Such investment in excess of ten per cent of its
owned fund shall continue to be deducted from the Net Owned Fund of the housing
finance company as prescribed at item (I) of ‘Explanation’ to Section 29A of the
National Housing Bank Act, 1987.
f. Owned fund shall mean 'owned fund' as defined under Paragraph 4.1.28 of these
directions and with respect to its position as per the published accounts as on March
31st of the previous year.
g. The infusion of capital, after such published balance sheet date may be taken into
account for determining the exposure ceiling but the housing finance company shall
not take exposure in excess of the ceiling in anticipation of infusion of capital at a
future date. The housing finance company shall furnish to the NHB, statutory
auditor’s certificate on completion of the augmentation of capital before reckoning
the same for above purpose.
h. Other accretions to capital funds by way of quarterly profits, shall not be eligible to
be reckoned to compute 'owned fund' for the purpose of determining the exposure
ceiling.
i. Every HFC shall formulate a policy in respect of exposures to a single party/ a single
group of parties.
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21. Exposure of HFCs to group companies engaged in real estate business
In case of companies in a group engaged in real estate business, HFCs may
undertake exposure either to the group company engaged in real estate business or
lend to retail individual home buyers in the projects of such group companies. In
case HFC prefers to undertake exposure in group companies, such exposure by
way of lending and investing, directly or indirectly, cannot be more than 15% of
owned fund for a single entity in the group and 25% of owned fund for all such group
entities. The HFC would in all such cases follow arm’s length principles in letter and
spirit. Every HFC shall disclose in their notes to accounts to the balance sheet,
details of these exposures as per format prescribed under Paragraph 3.7.6 of Annex
IV.
22. Restrictions on investment in real estate
No housing finance company, shall invest in land or buildings, except for its own
use, an amount exceeding twenty per cent of its capital fund (i.e. sum of Tier I and
Tier II capital),
Provided that such investment over and above ten per cent of its owned fund, shall
be made only in residential units.
Provided that the land or buildings acquired in satisfaction of its debts shall be
disposed of by the housing finance company within a period of three years or within
such a period as may be extended by the NHB, from the date of such acquisition, if
the investment in these assets together with such assets already held by the housing
finance company exceeds the above ceiling.
23. Exposure to capital market
23.1. Limits on housing finance companies’ exposure to capital market
23.1.1. The aggregate exposure of a housing finance company to the capital market
in all forms (both fund based, and non-fund based) should not exceed 40 per
cent of its net worth as on March 31 of the previous year.
23.1.2. Within the overall ceiling specified in Paragraph 23.1.1 above, direct
investment in shares, convertible bonds/ debentures, units of equity-oriented
mutual funds and all exposures to Venture Capital Funds (VCFs) [both
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registered and unregistered] of the housing finance company should not
exceed 20 per cent of its net worth.
23.1.3. Net worth for the purpose of this paragraph would comprise of Paid-up capital
plus Free Reserves including Share Premium but excluding Revaluation
Reserves, plus credit balance in Profit & Loss account, less debit balance in
Profit and Loss account, Accumulated Losses and Intangible Assets. No
general or specific provisions should be included in computation of net worth.
Infusion of capital through equity shares after the published balance sheet
date, may also be taken into account for determining the ceiling on exposure
to capital market. However, before reckoning such infusion, the HFC shall
furnish to the NHB, a certificate from its statutory auditors certifying
completion of the augmentation of capital.
23.2. Components of Capital Market Exposure
23.2.1. Capital market exposure of an HFC shall include both direct exposures and
indirect exposures. The items which are to be included and excluded are
enumerated in the table below.
Items included in capital market Items excluded from capital market
exposure exposure
a.Direct investment in equity shares, a. Investment of an HFC in its own
convertible bonds, convertible subsidiaries, joint ventures, and
debentures and units of equity- investments in unlisted shares and
oriented mutual funds, the corpus of convertible debentures, convertible bonds
which is not exclusively invested in issued by institutions forming crucial
corporate debt; financial infrastructure and other All India
b.Advances against shares/ bonds/ Financial Institutions as detailed below.
debentures or other securities or on After listing, the exposures in excess of the
clean basis to individuals for original investment (i.e. prior to listing) shall
investment in shares (including Initial form part of the Capital Market Exposure.
Public Offers/ Employees Stock (i) National Securities Depository Ltd. (NSDL)
Options), convertible bonds, (ii)Central Depository Services (India) Ltd.
(CDSL)
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Items included in capital market Items excluded from capital market
exposure exposure
convertible debentures, and units of (iii) National Securities Clearing Corporation
equity oriented mutual funds; Ltd. (NSCCL)
c. Advances for any other purposes (iv) National Stock Exchange (NSE)
where shares or convertible bonds or (v) Clearing Corporation of India Ltd., (CCIL)
convertible debentures or units of (vi) Credit Information Bureau of India Ltd.
equity oriented mutual funds are (CIBIL)
taken as primary security; (vii) Multi Commodity Exchange Ltd. (MCX)
d.Advances for any other purposes to (viii) National Commodity and Derivatives
the extent secured by the collateral Exchange Ltd. (NCDEX)
security of shares or convertible (ix) National Multi-Commodity Exchange of
bonds or convertible debentures or India Ltd. (NMCEIL)
units of equity oriented mutual funds, (x) National Collateral Management Services
i.e. where the primary security other Ltd. (NCMSL)
than shares/ convertible bonds/ (xi) Industrial Finance Corporation of India,
convertible debentures/ units of Ltd. (IFCI)
equity oriented mutual funds does not (xii)Tourism Finance Corporation of India Ltd.
fully cover the advances; (TFCI)
e.Secured and unsecured advances to (xiii) Risk Capital & Technology Finance
stockbrokers and guarantees issued Corporation Ltd. (RCTC)
on behalf of stockbrokers and market (xiv) Technology Development & Information
makers; Co. of India Ltd. (TDICI)
f. Loans sanctioned to corporates (xv) National Housing Bank (NHB)
against the security of shares/ bonds/ (xvi) Small Industries Development Bank of
debentures or other securities or on India (SIDBI)
clean basis for meeting promoter’s (xvii) National Bank for Agriculture & Rural
contribution to the equity of new Development (NABARD)
companies in anticipation of raising (xviii)Export Import Bank of India (EXIM
resources; Bank)
(xix) Industrial Investment Bank of India (IIBI)
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Items included in capital market Items excluded from capital market
exposure exposure
g.Bridge loans to companies against (xx) Life Insurance Corporation of India (LIC)
expected equity flows/ issues; (xxi) General Insurance Corporation of India
h.Underwriting commitments taken up (GIC)
by the housing finance companies in b. Investments in Tier I and Tier II debt
respect of primary issue of shares or instruments issued by other HFCs;
convertible bonds or convertible c. Investment in Certificates of Deposit (CDs)
debentures or units of equity oriented of other housing finance companies;
mutual funds; d. Investments in Preference Shares, non-
i. Financing to stockbrokers for margin convertible debentures and non-
trading; and convertible bonds;
j. All exposures to Venture Capital e. Investments in units of Mutual Funds under
Funds (both registered and schemes where the corpus is invested
unregistered). These will be deemed exclusively in debt instruments;
to be on par with equity and hence will f. Shares acquired by housing finance
be reckoned for compliance with the companies as a result of conversion of
capital market exposure ceilings (both debt/ overdue interest into equity under a
direct and indirect). Corporate Debt Restructuring (CDR)
mechanism.
23.2.2. Computation of Exposure
For computing the exposure to the capital markets, loans/ advances
sanctioned and guarantees issued for capital market operations shall be
reckoned with reference to sanctioned limits or outstanding, whichever is
higher. Further, direct investment of a housing finance company in shares,
convertible bonds, convertible debentures and units of equity oriented mutual
funds shall be calculated at their cost price.
24. Engagement of Brokers
For engagement of brokers to deal in investment transactions, the housing finance
companies shall observe the following:
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24.1. Transactions should not be put through the brokers’ accounts. The brokerage on
the deal payable to the broker, if any (if the deal was put through with the help of
a broker), should be clearly indicated on the notes/ memorandum put up to the
top management seeking approval for putting through the transaction and
separate account of brokerage paid, broker-wise, should be maintained.
24.2. If a deal is put through with the help of a broker, the role of the broker should be
restricted to that of bringing the two parties to the deal together.
24.3. While negotiating the deal, the broker is not obliged to disclose the identity of the
counterparty to the deal. On conclusion of the deal, he should disclose the
counterparty and his contract note should clearly indicate the name of the
counterparty.
24.4. Based on the contract note disclosing the name of the counterparty, settlement of
deals, viz. both fund settlement and delivery of security should be directly between
the parties and the broker should have no role to play in the process.
24.5. With the approval of their top management, HFCs should prepare a panel of
approved/ authorized brokers which should be reviewed annually or more often if
so warranted. Clear-cut criteria should be laid down for empanelment of brokers,
including verification of their creditworthiness, market reputation, etc. A record of
broker-wise details of deals put through and brokerage paid, should be
maintained.
24.6. A disproportionate part of the business should not be transacted through only one
or a few brokers. Housing finance companies should fix aggregate contract limits
for each of the approved brokers. A limit of 5 per cent of total transactions (both
purchase and sales) entered into by a housing finance company during a year
should be treated as the aggregate upper contract limit for each of the approved
brokers. This limit should cover both, the business initiated by a housing finance
company and the business offered/ brought to the housing finance company by a
broker. Housing finance companies should ensure that the transactions entered
into through individual brokers during a year normally do not exceed this limit.
However, if for any reason it becomes necessary to exceed the aggregate limit
for any broker, the specific reasons therefore should be recorded, in writing, by
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the authority empowered to put through the deals. Further, the Board should be
informed of this, post facto.
However, the norm of 5 per cent would not be applicable:
a. to a housing finance company whose total transactions in a year do not exceed
₹20 crore; and
b. to housing finance companies’ dealings through Primary Dealers/ NDS-OM.
24.7. The auditors who audit the treasury operations should scrutinize the business
done through brokers also and include it in their monthly report to the Chief
Executive Officer of the housing finance company. Besides, the business put
through any individual broker or brokers in excess of the limit, with the reasons
therefor, should be covered in the half-yearly review to the Board of Directors.
24.8. Housing finance companies shall undertake securities transactions through stock
brokers only on National Stock Exchange/ Bombay Stock Exchange/ Over the
Counter Exchange of India.
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Chapter VII
Acceptance of Public Deposits
25. Acceptance/ renewal of public deposits
25.1. No housing finance company shall accept or renew public deposit unless the HFC
has obtained minimum investment grade rating for fixed deposits from any one of
the approved credit rating agencies, at least once a year and a copy of the rating
is sent to the NHB and it is complying with all the prudential norms.
25.2. The names of approved credit rating agencies and the minimum investment
grade credit rating are as follows: -
Name of the agency Minimum Investment
Grade Credit Rating
(a) The Credit Rating Information Services of FA- (FA Minus)
India Ltd. (CRISIL)
(b) ICRA Ltd. MA- (MA Minus)
(c) Credit Analysis & Research Ltd. (CARE) CARE BBB (FD)
(d) Fitch Ratings India Private Ltd. tA-(ind)(FD)
(e) Brickwork Ratings India Pvt. Ltd. (Brickwork) BWR FA
25.3. In the event of downgrading of the credit rating to any level below the minimum
specified investment grade as provided for in the paragraph above, an HFC shall:
a. with immediate effect, stop accepting fresh public deposits;
b. reduce such excess deposit by repayment on maturity; and
c. report the position within fifteen working days, to NHB.
26. Maintenance of a minimum percentage of liquid assets3
26.1. Every housing finance company accepting public deposits shall:
26.1.1. invest and continue to invest in India in unencumbered approved securities,
valued at a price not exceeding the current market price of such securities,
an amount which, at the close of business on any day, shall not be less than
3 Gazette Notification No.NHB.HFC.LA-2/MD&CEO/2019 No. 183 dated June 03, 2019 issued by NHB.
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six and a half per cent of the public deposits outstanding at the close of
business on the last working day of the second preceding quarter.
26.1.2. maintain in India an account with a scheduled bank in term deposits or
certificate of deposits (free of charge or lien) or in deposits with/ subscription
to bonds issued by the NHB, or partly in such an account or in such deposit
or partly by way of such subscription, a sum which, at the close of business
on any day, together with the investment made under Paragraph 26.1.1 shall
not be less than thirteen per cent of the public deposits outstanding at the
close of business on the last working day of the second preceding quarter.
26.1.3. All other provisions of Section 29B of NHB Act shall mutatis mutandis be
applicable to the above requirement as if the expression “public deposit” is
the same as the expression “deposit” as contemplated under the said
provision.
26.2. Valuation of Approved Securities
With a view to putting in place a uniform practice for valuation of the approved
securities, HFCs shall adopt the following procedure for valuation of approved
securities on a daily basis:
26.2.1. Quoted Securities
The ‘market value’ of such securities will be as available from the trades/
quotes on the stock exchanges, SGL account transactions, price list of RBI,
the price declared by Primary Dealers Association of India (PDAI)/ Fixed
Income Money Market and Derivatives Association of India (FIMMDA)/
Financial Benchmark India Pvt Ltd (FBIL).
26.2.2. Unquoted Securities
26.2.2.1. Central Government Securities
a. HFCs should value the unquoted Central Government securities on
the basis of the prices/ Yield to Maturity (YTM) rates put out by the
FBIL at periodical intervals.
b. Treasury Bills should be valued at carrying cost.
26.2.2.2. State Government Securities
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HFCs should value the unquoted State Government securities on the
basis of the prices/ Yield to Maturity (YTM) rates put out by the FBIL at
periodical intervals.
26.2.2.3. Other ‘approved’ Securities
Other approved securities will be valued applying the YTM method by
marking it up by 25 basis points above the yields of the Central
Government Securities of equivalent maturity put out by FBIL
periodically.
27. Ceiling on quantum of deposit
27.1. A housing finance company having obtained credit rating for its public deposits
not below the minimum investment grade rating and complying with all the
prudential norms, may accept public deposits not exceeding three times of its
NOF.
Provided no matured public deposit shall be renewed without the express and
voluntary consent of the depositor.
27.2. No housing finance company shall have deposits inclusive of public deposits, the
aggregate amount of which together with the amounts, if any, held by it which are
referred in clauses (iii) to (vii) of sub-section (bb) of Section 45 I of the Reserve
Bank of India Act, 1934 as also loans or other assistance from the NHB, in excess
of
a. fourteen times of its NOF on or after March 31, 2020;
b. thirteen times of its NOF on or after March 31, 2021; and
c. twelve times of its NOF on or after March 31, 2022.
Note:
NOF for the purpose of determination of the above limits shall be as at March 31st
of the previous financial year based on the audited financial statements for that
year. Infusion of capital after such balance sheet date may, however, be reckoned
for determining the limits, subject to certification of the same by the statutory
auditors.
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27.3. Where a housing finance company holds public deposits or deposits inclusive of
the items mentioned in Paragraph 27.2 in excess of the limits specified above, it
shall
a. not accept fresh deposit or open new deposit account; or
b. not renew the existing deposit or where the deposits are received under any
recurring scheme, receive instalments under such scheme after the expiry of
the scheme period;
c. reduce such excess deposit by repayment on maturity.
28. Period of Public Deposit
No housing finance company shall accept or renew any public deposit:
28.1. Which is repayable on demand or on notice; or
28.2. unless such deposit is repayable after a period of twelve months or more but not
later than one hundred and twenty months from the date of acceptance or renewal
of such deposits.
Explanation
Where a public deposit is in instalments, the period of such deposit shall be
computed from the date of receipt of first instalment.
29. Ceiling on the rate of interest & brokerage and Deposits from Non-Resident
Indians
29.1. No HFC shall invite or accept or renew public deposit at a rate of interest
exceeding twelve and half per cent per annum or as revised by the Reserve Bank.
Interest may be paid or compounded at rests which shall not be shorter than
monthly rests.
29.2. No HFC shall pay to any broker on public deposit collected by or through him, -
a. brokerage, commission, incentive or any other benefit by whatever name
called, in excess of two per cent of the deposit so collected; and
b. expenses by way of reimbursement on the basis of relative vouchers/ bills
produced by him, in excess of 0.5 percent of the deposit so collected.
29.3. No HFC shall invite or accept or renew repatriable deposits from Non-Resident
Indians in terms of Notification No.FEMA.5/2000-RB dated May 03, 2000, as
amended from time to time, under Non-Resident (External) Account Scheme at
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a rate exceeding the rate specified by the Bank for such deposits with scheduled
commercial banks.
Explanation - The period of above deposits shall be not less than one year and
not more than three years.
30. Payment of interest on overdue public deposits:
30.1. An HFC may, at its discretion, allow interest on an overdue public deposit or a
portion of the said overdue deposit from the date of maturity of the deposit subject
to the conditions that
a. the total amount of overdue deposit or the part thereof is renewed in
accordance with other relevant provisions of these directions, from the date
of its maturity till some future date; and
b. the interest allowed shall be at the appropriate rate operative on the date of
maturity of such overdue deposit which shall be payable only on the amount
of deposit so renewed:
Provided that where an HFC fails to repay the deposit along with interest on
maturity on the claim made by the depositor, the HFC shall be liable to pay
interest from the date of claim till the date of repayment at the contracted rate
as applicable to the deposit.
30.2. In regard to the payment of interest on such deposit which have either been
seized by the government authorities, and/or have been frozen till further
clearance is received by the concerned government authorities, the HFCs shall
follow the procedure mentioned below:
a. A request letter shall be obtained from the depositor on maturity. While
obtaining the request letter from the depositor for renewal, HFCs shall also
advise the depositor to indicate the term for which the deposit is to be
renewed. In case the depositor does not exercise his option of choosing the
term for renewal, HFCs shall renew the same for a term equal to the original
term.
b. No new receipt shall be issued. However, suitable note shall be made
regarding renewal in the deposit ledger.
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c. Renewal of deposit shall be advised by registered letter/ speed post/ courier
service to the concerned Government department under advice to the
depositor. In the advice to the depositor, the principal amount and the rate of
interest at which the deposit is renewed shall also be mentioned.
d. If overdue period does not exceed 14 days on the date of receipt of the
request letter, renewal shall be done from the date of maturity. If it exceeds
14 days, HFCs shall pay interest for the overdue period as per the policy
adopted by them, and keep it in a separate interest free account which shall
be released when the original fixed deposit is released.
However, the final repayment of the principal and the interest so accrued shall be
done only after the clearance regarding the same is obtained by the HFCs from
the respective Government agencies.
31. Renewal of public deposit
Where an HFC permits an existing depositor to renew the deposit before maturity
for availing of the benefit of higher rate of interest, such company shall pay the
depositor the increase in the rate of interest provided that, -
a. the deposit is renewed in accordance with the other provisions of these directions
and for a period longer than the remaining period of the original contract; and
b. the interest on the expired period of the deposit is reduced by one percentage
point from the rate which the company would have ordinarily paid, had the
deposit been accepted for the period for which such deposit had run; any interest
paid earlier in excess of such reduced rate is recovered/ adjusted.
32. Joint deposit
Where so desired, deposits may be accepted in joint names with or without any of
the clauses, namely, "Either or Survivor", "Number One or Survivor/s", "Anyone or
Survivor/s".
33. Nomination rules
33.1. Nomination in favor of one person can be made by the depositor/s in respect by
the deposits held by him/them with an HFC in terms of section 36B of the National
Housing Bank Act, 1987. Such nomination can be made in the manner prescribed
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in the Banking Companies (Nomination) Rules, 1985 made by the Central
Government u/s 45ZA of the Banking Regulation Act 1949. In terms of the Rule
2(9) of the said rules, the companies are required to acknowledge in writing to
the depositor/s the filling of the relevant duly completed form of nomination,
cancellation and/or variation of the nomination.
33.2. HFCs which are accepting public deposits shall strictly comply with the above
provision of the Banking Companies (Nomination) Rules, 1985 and devise a
proper system of acknowledging the receipt of duly completed form of
nomination, cancellation and/or variation of the nomination. Such
acknowledgement shall be given to all the customers irrespective of whether the
same is demanded by the customers.
33.3. HFCs shall introduce the practice of recording on the face of the RD passbooks/
FDRs the position regarding availment of nomination facility with the legend
“Nomination Registered” and they shall also indicate the name of the Nominee in
the RD passbook/ FDRs, in case the customer is agreeable to the same.
34. Particulars to be specified in application form soliciting public deposits
34.1. No housing finance company shall accept or renew any public deposit except on
a written application from the depositors in the form to be supplied by the housing
finance company, which shall contain all the particulars specified in the Non-
Banking Financial Companies and Miscellaneous Non-Banking Companies
(Advertisement) Rules, 1977, made under section 58A of the Companies Act,
1956 and also contain the particulars of the specific category of the depositors,
i.e. whether the depositor is a shareholder or a director or a promoter of the
housing finance company or a member of public or a relative of a director of the
company.
34.2. The application form shall also contain the following:-
a. the credit rating assigned for its deposits and the name of the credit rating
agency which rated the housing finance company;
b. a statement to the effect that in case of any deficiency of the housing finance
company in servicing its deposits, the depositor may approach NHB, the
National Consumers Disputes Redressal Forum, the State Level Consumers
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Disputes Redressal Forum or the District Level Consumers Dispute
Redressal Forum for relief;
c. a statement to the effect that in case of non-repayment of the deposit or part
thereof in accordance with the terms and conditions of the deposit, the
depositor may make an application to authorised officer of the National
Housing Bank;
d. a statement to the effect that the financial position of the housing finance
company as disclosed and the representations made in the application form
are true and correct and that the housing finance company and its Board of
Directors are responsible for the correctness and veracity thereof;
e. a statement to the effect that the housing finance company is within the
regulatory framework of the Reserve Bank of India. It must, however, be
distinctly understood that the Reserve Bank of India or National Housing Bank
does not undertake any responsibility for the financial soundness of the
housing finance company or for the correctness of any of the statements or
the representations made or opinions expressed by the housing finance
company; and for repayment of deposit/ discharge of liabilities by the housing
finance company;
f. the information relating to and the aggregate dues from the facilities, both
fund and non-fund based, extended to, and the aggregate dues from
companies in the same group or other entities or business ventures in which
the directors and/or the housing finance company are/is holding substantial
interest and the total amount of exposure to such entities;
g. at the end of application form but before signature of the depositor, the
following verification clause by the depositor shall be appended. “I have gone
through the financial and other statements/ particulars/ representations
furnished/ made by the housing finance company and after careful
consideration I am making the deposit with the housing finance company at
my own risk and volition.”
h. the form should solicit the details of the bank account of the depositor or
depositor/s in case of deposits accepted in joint names.
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35. Advertisement and statement in lieu of advertisement
35.1. Every HFC soliciting public deposit shall comply with the provisions of the Non-
Banking Financial Companies and Miscellaneous Non-Banking Companies
(Advertisement) Rules, 1977 and shall also specify in every advertisement to be
issued thereunder, the following: -
a. the actual rate of return by way of interest, premium, bonus, other advantage
to the depositor;
b. the mode of repayment of deposit;
c. the maturity period of deposit;
d. the interest payable on deposit;
e. the rate of interest which will be payable to the depositor in case the depositor
withdraws the deposit prematurely;
f. the terms and conditions subject to which a deposit will be renewed;
g. any other special features relating to the terms and conditions subject to
which the deposit is accepted/ renewed;
h. the information, relating to the aggregate dues (including the non-fund based
facilities provided to) from companies in the same group or other entities or
business ventures in which, the directors and/or the HFC are holding
substantial interest and the total amount of exposure to such entities; and
i. that the deposits solicited by it are not insured.
35.2. Where an HFC displays any advertisement in electronic media such as TV, even
without soliciting deposits, it shall incorporate a caption/ band in such
advertisements indicating the following:
a. As regards deposit taking activity of the company, the viewers may refer to
the advertisement in the newspaper/ information furnished in the application
form for soliciting public deposits;
b. The company is having a valid Certificate of Registration dated _______
issued under Section 29A of the National Housing Bank Act, 1987. However,
the Reserve Bank of India or the National Housing Bank does not accept any
responsibility or guarantee about the present position as to the financial
soundness of the company or for the correctness of any of the statements or
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representations made or opinions expressed by the company and for
repayment of deposits/ discharge of the liabilities by the company.
35.3. Where an HFC intends to accept public deposit without inviting or allowing or
causing any other person to invite such deposit, it shall, before accepting such
deposit, deliver to NHB for record, a statement in lieu of advertisement containing
all the particulars required to be included in the advertisement pursuant to the
Non-Banking Financial Companies and Miscellaneous Non-Banking Companies
(Advertisement) Rules, 1977 and also the particulars stated in paragraph 35.1,
duly signed in the manner provided in the aforesaid Rules.
35.4. A statement delivered under paragraph 35.3 above shall be valid till the expiry of
six months from the date of closure of the financial year in which it is so delivered
or until the date on which the balance sheet is laid before the company in general
meeting or where the annual general meeting for any year has not been held, the
latest day on which that meeting should have been held in accordance with the
provisions of the Companies Act, 1956 or the Companies Act, 2013, whichever is
earlier, and a fresh statement shall be delivered after the expiry of the validity of
the statement, in each succeeding financial year before accepting public deposit
in that financial year.
36. General provisions regarding repayment of deposits
36.1. No HFC shall grant any loan against a public deposit or make premature
repayment of a public deposit within a period of three months (lock-in period) from
the date of its acceptance.
Provided that in the event of death of a depositor, an HFC shall repay the public
deposit prematurely, even within the lock – in period, to the surviving depositor/s
in the case of joint holding with survivor clause, or to the nominee or the legal
heir/s of the deceased depositor, on the request of the surviving depositor/s/
nominee/ legal heir, and only against submission of proof of death, to the
satisfaction of the company, with interest at the contracted rate up to the date of
repayment.
36.2. Subject to the above provisions, an HFC not being a problem HFC may,
36.2.1. permit premature repayment of a public deposit at its sole discretion:
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Provided such HFC shall, if so permitted by the terms and conditions of
acceptance of such deposit, repay it prematurely at the request of the
depositor, after the expiry of three months from the date of deposit;
36.2.2. grant a loan up to seventy-five percent of the amount of public deposit to
a depositor after the expiry of three months from the date of deposit at a
rate of interest two percentage points above the interest rate payable on
the deposit.
36.3. Subject to the above provisions, in order to enable a depositor to meet expenses
of an emergent nature, a problem HFC may make premature repayment of, or
grant a loan against, a public deposit in the following cases only, namely:
36.3.1. repay a tiny deposit in entirety or repay any other public deposit up to an
amount not exceeding ₹10,000/-; or
36.3.2. grant a loan against a tiny deposit or up to an amount not exceeding
₹10,000/- against any other deposit, at a rate of interest two percentage
points above the interest rate payable on the deposit.
36.4. All deposit accounts standing to the credit of sole/ first named depositor in the
same capacity shall be clubbed and treated as one deposit account for the
purpose of premature repayment or grant of loan by a problem HFC.
Provided that this clause shall not apply to premature repayment in the event of
death of depositor as provided in the paragraph.
36.5. In order to meet certain expenses of an emergent nature, subject to the
satisfaction of the housing finance company concerned about such
circumstances –
36.5.1. ‘Tiny deposits’ may prematurely be paid to individual depositors, at the
request of the depositor, before the expiry of three months from the date
of acceptance of such deposits, in entirety, without interest;
36.5.2. In case of other public deposits, not more than fifty per cent of the amount
of the principal sum of deposit or ₹5 lakh, whichever is lower, may be
prematurely paid to individual depositors, at the request of the depositors,
before the expiry of three months from the date of acceptance of such
deposits, without interest; the remaining amount with interest at the
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contracted rate shall be governed by the provisions of the extant directions
as applicable for public deposits;
Provided further that in cases of critical illness, hundred per cent of the
amount of the principal sum of deposit, may be prematurely paid to
individual depositors, at the request of the depositors, before the expiry of
three months from the date of acceptance of such deposits, without
interest.
Explanation:
a. For the purpose of Sub-paragraph 36.5, expenses of an emergent nature includes
medical emergency or expenses due to natural calamities/ disaster as notified by
the concerned Government/ authority.
b. For the definition of ‘Critical illness’, HFCs shall be guided by the IRDAI (Health
Insurance) Regulations, 2016 and the guidelines issued thereunder, as amended
from time to time.
c. The amount of these provisions shall also apply to the existing deposit contracts
wherein the individual depositor does not have a right to premature withdrawal of
the deposit before the expiry of three months.
36.6. Where a housing finance company at the request of depositor/s repays a public
deposit before its maturity, it shall pay interest at the following rate:
Sl. Period for which Rate of interest
No. deposit has run
1. Within three months No interest
subject to lock-in (Please also refer Paragraph 36.1)
period requirements
2. After three months The maximum interest payable shall be four per
but before or up to cent per annum for individual depositor, and no
six months interest in case of other depositors
3. After six months but The interest payable shall be one per cent lower
before the date of than the interest rate applicable to a public deposit
maturity for the period for which the deposit has run or if no
rate has been specified for that period, then two
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Sl. Period for which Rate of interest
No. deposit has run
per cent lower than the minimum rate at which the
public deposits are accepted by that HFC
36.7. It shall be the obligation of the housing finance company to intimate the details of
maturity of the deposit to the depositor at least fourteen days before the date of
maturity of the deposit. However, in the absence of any specific maturity
instruction, the maturity amount shall be remitted to the designated bank account
maintained in the name of the depositor/s.
37. Furnishing of receipt to depositor
37.1. Every HFC shall furnish to every depositor or his agent or group of joint
depositors, a receipt for every amount received by the company by way of
deposit.
37.2. The said receipt shall be duly signed by an officer authorised by the company in
that behalf and shall state the date of deposit, the name of the depositor, the
amount in words and figures received by the company by way of deposit, rate of
interest payable thereon and the date on which the deposit is repayable:
Provided that, if such receipts pertain to instalments subsequent to the first
instalment of a recurring deposit it may contain only name of the depositor and
date and amount of deposit.
38. Register of deposit
38.1. Every HFC shall keep one or more registers in respect of all deposits in which
shall be entered separately in case of each depositor or group of joint depositors
the following particulars, namely: -
a. name and address of the depositor or group of joint depositors, their
nominees,
b. date and amount of each deposit,
c. duration and the due date of each deposit,
d. date and amount of accrued interest or premium on each deposit,
e. date of claim made by the depositor,
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f. date and amount of each repayment, whether of principal, interest or
premium,
g. the reasons for delay in repayment beyond five working days and
h. any other particulars relating to the deposit.
38.2. The register or registers aforesaid shall be kept at each branch in respect of the
deposit accounts opened by that branch of the company and a consolidated
register for all the branches taken together at the registered office of the company
and shall be preserved in good order for a period of not less than eight calendar
years following the financial year in which the latest entry is made of the
repayment or renewal of any deposit of which particulars are contained in the
register.
Provided that, if the company keeps the books of account referred to in sub-
section (1) of section 209 of the Companies Act, 1956 or the corresponding
provision of Companies Act, 2013, at any place other than its registered office in
accordance with the proviso to that sub-section, it shall be deemed to be sufficient
compliance with this clause if the register aforesaid is kept at such other place,
subject to the condition that the company delivers to NHB a copy of the notice
filed with the Registrar of Companies under the proviso to the said sub-section
within seven days of such filing.
38.3. HFCs which maintain the particulars/ details of the deposits, as required under
these direction, on centralized computer database may continue to do so;
provided the authenticated particulars of public deposits are sent to the respective
branches, updating the information on quarterly basis i.e. as on March 31, June
30, September 30 and December 31, every year irrespective of the fact that the
branch does not open deposit accounts. The information pertaining to a quarter
should reach the branch concerned before the 10th day of the next quarter.
39. Closure of branches
39.1. No deposit-taking HFC shall close its branch/ office without publishing such
intention in any one national level newspaper and in one vernacular newspaper
in circulation in the relevant place indicating therein the purpose and
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arrangements being made to service depositors etc. and without advising the
NHB, before ninety days of the proposed closure.
39.2. An intimation along with a copy of the notice in respect of above should be sent
within 7 days of its publication in the newspapers to NHB.
40. Safe custody of approved securities
40.1. Every housing finance company shall entrust to one of the scheduled commercial
banks designated by it on that behalf, in the place where the registered office of
the housing finance company is situated, the unencumbered approved securities
required to be maintained by it in pursuance of Section 29B of the National
Housing Bank Act, 1987;
Provided that where a housing finance company intends to entrust these
securities to the Stock Holding Corporation of India Ltd. or to its designated
bankers at a place other than the place at which its registered office is situated or
to keep them in the form of Constituent’s Subsidiary General Ledger Account with
a schedule commercial bank, or with a depository participant registered with
Securities and Exchange Board of India established under Securities and
Exchange Board of India Act, 1992 (15 of 1992), it shall obtain the prior approval
in writing, of the NHB.
40.2. the securities mentioned in Sub-paragraph 40.1 above shall continue to be
entrusted to such designated banker or to the Stock Holding Corporation of India
Ltd. or the depository participant or held in the constituent’s subsidiary General
Ledger Account with the scheduled commercial bank for the benefit of the
depositors and shall not be withdrawn or encashed or otherwise dealt with by the
housing finance company except for repayment to the depositors.
Provided that,
a. an HFC shall be entitled to withdraw a portion of such securities proportionate
to the reduction of its deposits duly certified to that effect by its auditors;
b. where the HFC intends to substitute such securities, it may do so by entrusting
substitute securities of equal value to the designated bank before such
withdrawal.
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Explanation:
‘scheduled commercial bank’ means a bank included in the Second Schedule to
the Reserve Bank of India Act, 1934 excluding a Regional Rural Bank or a Co-
operative Bank.
41. Employees Security Deposit
An HFC receiving any amount in the ordinary course of its business as security
deposit from any of its employees for due performance of his duties shall keep such
amount in an account with a scheduled commercial bank or in a post office in the
joint names of the employee and the company on the conditions that -
a. it shall not withdraw the amount without the consent in writing of the employee;
and
b. the amount shall be repayable, as per the HFC’s internal rules, to the employee
along with interest payable on such deposit account unless such amount or any
part thereof is liable to be appropriated by the company for the failure on the part
of the employee for due performance of his duties.
42. Full cover for public deposits - Creation of Floating Charge in favour of the
Depositors
42.1. HFCs should ensure that at all times there is full cover available for public deposits
accepted by them. While calculating this cover the value of all debentures
(secured and unsecured) and outside liabilities other than the aggregate liabilities
to depositors may be deducted from the total assets. Further, the assets should
be evaluated at their book value or realizable/ market value whichever is lower for
this purpose.
42.2. All HFCs accepting/ holding public deposits shall create floating charge on the
assets invested by them in terms of sub-sections (1) and (2) of Section 29B of the
National Housing Bank Act, 1987 in favour of their depositors through the
mechanism of a “Trust Deed”. The charge so created shall also be registered with
the Registrar of Companies and the information in this regard shall be furnished
to the Trustees and to NHB. A copy of the ‘Trust Deed’ proforma containing the
details and the ‘Trustee Guidelines’ are enclosed in Annex V.
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43. HFCs failing to repay public deposit prohibited from making loans and
investments
An HFC which has failed to repay any public deposit or part thereof in accordance
with the terms and conditions of such deposit, as provided in Section 36A (1) of NHB
Act, 1987, shall not grant any loan or other credit facility by whatever name called or
make any investment or create any other asset as long as the default exists.
44. Information to be included in the Board's report:
44.1. In every report of the Board of Directors laid before the company in a general
meeting under sub-section (1) of section 217 of the Companies Act, 1956 or the
corresponding provision of Companies Act, 2013, there shall be included in the
case of an HFC, the following particulars or information, namely:-
a. the total number of accounts of public deposit of the company which have not
been claimed by the depositors or not paid by the company after the date on
which the deposit became due for repayment; and
b. the total amount due under such accounts remaining unclaimed or unpaid
beyond the date referred to in clause (a) as aforesaid.
44.2. The said particulars or information shall be furnished with reference to the position
as on the last day of the financial year to which the report relates and if the
amounts remaining unclaimed or undisbursed as referred to in Paragraph 44.1
(b) exceed in the aggregate a sum of rupees five lakhs, there shall also be
included in the report a statement on the steps taken or proposed to be taken by
the Board of Directors for the repayment of the amounts due to the depositors
remaining unclaimed or undisbursed.
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Section III
Governance
Chapter VIII
Acquisition/ Transfer of Control
45. Prior written permission of Reserve Bank of India shall be required for the following:
45.1. any takeover or acquisition of control of an HFC, which may or may not result in
change of management;
45.2. any change in the shareholding of an HFC accepting/ holding public deposits,
including progressive increases over time, which would result in acquisition/
transfer of shareholding of 10 per cent or more of the paid-up equity capital of the
HFC by/to a foreign investor
or
any change in the shareholding of an HFC, including progressive increases over
time, which would result in acquisition/ transfer of shareholding of 26 per cent or
more of the paid-up equity capital of the HFC;
Provided that, prior approval would not be required in case of any shareholding
going beyond 10 per cent or 26 per cent, as applicable, due to buyback of shares/
reduction in capital where it has approval of a competent Court. However, the
same is to be reported to the NHB not later than one month from the date of its
occurrence.
45.3. any change in the management of the HFC which would result in change in more
than 30 per cent of the directors, excluding independent directors.
Provided that, prior approval would not be required in case of directors who get
re-elected on retirement by rotation.
Note: Notwithstanding Paragraph 45, HFCs shall continue to inform the NHB
regarding any change in their directors/ management.
46. Application for prior approval
46.1. HFCs shall submit an application, in the company’s letter head, for obtaining prior
approval of the Bank, along with the following documents:
46.1.1. Information about the proposed directors/ shareholders as per Annex VI;
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46.1.2. Sources of funds of the proposed shareholders acquiring the shares in the
HFC;
46.1.3. Declaration by the proposed directors/ shareholders that they are not
associated with any unincorporated body that is accepting public deposits;
46.1.4. Declaration by the proposed directors/ shareholders that they are not
associated with any company, the application for Certificate of Registration
(CoR) of which has been rejected by the Reserve Bank of India/ National
Housing Bank;
46.1.5. Declaration by the proposed directors/ shareholders that there is no criminal
case, including for offence under Section 138 of the Negotiable Instruments
Act, against them; and
46.1.6. Bankers’ Report on the proposed directors/ shareholders.
46.1.7. Declaration on the status of supervisory compliances.
46.2. Applications in this regard shall be submitted to the Chief General Manager-in-
Charge, Department of Regulation, Reserve Bank of India, 2nd Floor, Main Office
Building, Fort, Mumbai – 400 001.
47. Requirement of Prior Public Notice about change in control/ management.
47.1. A public notice of at least 30 days shall be given before effecting the sale of, or
transfer of the ownership by sale of shares, or transfer of control, whether with or
without sale of shares. Such public notice shall be given by the HFCs and also by
the other party or jointly by the parties concerned, after obtaining the prior
permission of the Bank.
47.2. The public notice shall indicate the intention to sell or transfer ownership/ control,
the particulars of transferee and the reasons for such sale or transfer of
ownership/ control. The notice shall be published in at least one leading national
and in one leading local (covering the place of registered office) vernacular
newspaper.
Provided that nothing contained in this paragraph shall apply in case of any
change in shareholding of an HFC accepting/ holding public deposits, including
progressive increases over time, which would result in acquisition/ transfer of
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shareholding of 10 per cent or more and less than 26 per cent of the paid-up
equity capital of the HFC by/to a foreign investor.
48. Permission to accept public deposits in cases of acquisition or transfer of
control of HFCs holding CoR valid for accepting public deposits
In cases of acquisition or transfer of control of HFCs holding CoR valid for accepting
public deposits, the Bank reserves the right to review the grant of permission to
accept public deposits.
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Chapter IX
Corporate Governance
49. Applicability
The directions prescribed in this Chapter shall apply to all public deposit accepting/
holding HFCs and every non-public deposit accepting HFC with assets size of
Rupees Fifty crore and above, as per the last audited balance sheet. HFCs with
asset size lower than Rupees Fifty crore are encouraged to follow the guidelines.
50. Constitution of Committees of the Board
50.1. Audit Committee
50.1.1. All HFCs shall constitute an Audit Committee, consisting of not less than three
members of its Board of Directors.
Explanation I: The Audit Committee constituted by a housing finance
company as required under Section 177 of the Companies Act, 2013 shall be
the Audit Committee for the purpose of this paragraph.
Explanation II: The Audit Committee constituted under this paragraph shall
have the same powers, functions and duties as laid down in Section 177 of
the Companies Act, 2013.
50.1.2. The Audit Committee must ensure that an Information System Audit of the
critical and significant internal systems and processes is conducted at least
once in two years to assess operational risks faced by the HFC.
Note: The Information System Audit as prescribed shall be carried out
separately through a Certified Information System Auditor (CISA).
50.2. Nomination and Remuneration Committee
All HFCs shall form a Nomination and Remuneration Committee and have a policy
to ensure 'fit and proper' status of proposed/ existing directors and proper
framework in relation to remuneration of directors, Key Managerial Personnel and
senior management personnel.
The Nomination and Remuneration Committee shall ensure that there is no
conflict of interest in appointment of directors and their independence is not
subject to potential threats.
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Explanation I: The Nomination and Remuneration Committee constituted under
this paragraph shall have the same powers, functions and duties as laid down in
relevant provisions of Section 178 of the Companies Act, 2013.
50.3. Risk Management Committee
To manage the integrated risk, all HFCs shall form a Risk Management
Committee, besides the Asset Liability Management Committee.
51. Appointment of Chief Risk Officer
51.1. HFCs with asset size of more than ₹5000 crore are required to appoint a Chief
Risk Officer (CRO) with clearly specified role and responsibilities. The CRO is
required to function independently so as to ensure highest standards of risk
management.
51.2. The HFCs shall strictly adhere to the following instructions in this regard:
51.2.1. The CRO shall be a senior official in the hierarchy of an HFC and shall
possess adequate professional qualification/ experience in the area of risk
management.
51.2.2. The CRO shall be appointed for a fixed tenure with the approval of the Board.
The CRO can be transferred/ removed from his post before completion of the
tenure only with the approval of the Board and such premature transfer/
removal shall be reported to the NHB. In case the HFC is listed, any change
in incumbency of the CRO shall also be reported to the stock exchanges.
51.2.3. The Board shall put in place policies to safeguard the independence of the
CRO. In this regard, the CRO shall have direct reporting lines to the MD &
CEO/ Risk Management Committee (RMC) of the Board. In case the CRO
reports to the MD & CEO, the RMC/ Board shall meet the CRO without the
presence of the MD & CEO, at least on a quarterly basis. The CRO shall not
have any reporting relationship with the business verticals of the HFC and
shall not be given any business targets. Further, there shall not be any ‘dual
hatting’ i.e. the CRO shall not be given any other responsibility.
51.2.4. The CRO shall be involved in the process of identification, measurement and
mitigation of risks. All credit products (retail or wholesale) shall be vetted by
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the CRO from the angle of inherent and control risks. The CRO’s role in
deciding credit proposals shall be limited to being an advisor.
51.2.5. In HFCs that follow committee approach in credit sanction process for high
value proposals, if the CRO is one of the decision makers in the credit
sanction process, the CRO shall have voting power and all members who are
part of the credit sanction process, shall individually and severally be liable
for all the aspects, including risk perspective related to the credit proposal.
52. Fit and Proper Criteria
All HFCs shall
52.1. ensure that a policy is put in place with the approval of the Board of Directors for
ascertaining the ‘fit and proper’ criteria of the directors at the time of appointment,
and on a continuing basis. The policy on the ‘fit and proper’ criteria shall be on the
lines of the guidelines contained in Annex VII;
52.2. obtain a declaration and undertaking from the directors giving additional
information on the directors. The declaration and undertaking shall be on the lines
of the format given in Annex VIII;
52.3. obtain a Deed of Covenant signed by the directors, which shall be in the format
as given in Annex IX;
52.4. furnish to the NHB a quarterly statement on change of directors, and a certificate
from the Managing Director of the HFC that fit and proper criteria in selection of
the directors has been followed. The statement must reach NHB within 15 days
of the close of the respective quarter. The statement submitted by HFCs for the
quarter ending March 31, should be certified by the auditors. Further, in case of
no change in the directors during a quarter, a ‘Nil’ statement should be submitted.
Provided that the Bank, if it deems fit and in public interest, reserves the right to
examine the ‘fit and proper’ criteria of directors of any HFC irrespective of the asset
size of such HFCs.
53. Disclosure and transparency
53.1. All HFCs shall put up to the Board of Directors, at regular intervals, as may be
prescribed by the Board in this regard, the following:
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a. the progress made in putting in place a progressive risk management system
and risk management policy and strategy followed by the HFC;
b. conformity with corporate governance standards viz., in composition of
various committees, their role and functions, periodicity of the meetings and
compliance with coverage and review functions, etc.
53.2. All HFCs shall also disclose the following in their Annual Financial Statements:
a. registration/ license/ authorisation, by whatever name called, obtained from
other financial sector regulators;
b. ratings assigned by credit rating agencies and migration of ratings during the
year;
c. penalties, if any, levied by any regulator/ supervisor/ enforcement authority;
d. information namely, area, country of operation and joint venture partners with
regard to joint ventures and overseas subsidiaries; and
e. Asset-Liability profile, extent of financing of parent company products, NPAs
and movement of NPAs, details of all off-balance sheet exposures, exposure
to real estate, exposure to capital market, structured products issued by them
as also securitization/ assignment transactions and other disclosures, as
given in Annex IV;
54. Rotation of partners of the Statutory Auditors’ Audit Firm
All HFCs shall rotate the partner/s of the Chartered Accountant firm conducting the
audit, every three years so that same partner shall not conduct audit of the company
continuously for more than a period of three years. However, the partner so rotated
shall be eligible for conducting the audit of the HFC after an interval of three years,
if the HFC, so decides. The HFC shall incorporate appropriate terms in the letter of
appointment of the firm of auditors and ensure its compliance.
55. Framing of Internal Guidelines
All HFCs shall frame their internal guidelines on corporate governance with the
approval of the Board of Directors, enhancing the scope of the guidelines without
sacrificing the spirit underlying the above guidelines and it shall be published on the
company's website, for the information of various stakeholders.
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Section IV
Miscellaneous Instructions
Chapter X
Opening of Branches/ Offices
56. Opening of Branches/Offices
56.1. An HFC shall, before opening a branch or an office in India, inform the NHB in
writing, of its intention to open a branch or an office.
56.2. No housing finance company shall open a branch outside India.
56.3. No housing finance company shall open a representative office outside India
without obtaining prior approval in writing from the NHB.
56.4. The application from HFC seeking approval shall be considered keeping in view
the Chapter XII of Master Direction - Non-Banking Financial Company –
Systemically Important Non-Deposit taking Company and Deposit taking
Company (Reserve Bank) Directions, 2016 as updated from time to time, issued
by the Reserve Bank of India and shall be subject to the following:
a. The representative office can be set up outside India for the purpose of liaison
work, undertaking market study and research but not undertaking any activity
which involves outlay of funds, provided it is subject to regulation by a
regulator in the host country. As it is not envisaged that such office would be
carrying on any activity other than liaison work, no line of credit should be
extended.
b. The HFC shall obtain periodical reports about the business undertaken by the
representative office outside India. If the representative office has not
undertaken any activity or such reports are not forthcoming, the approvals
given for the purpose shall be reviewed/ recalled.
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Chapter XI
Guidelines on Private Placement of Non-Convertible Debentures (NCDs)
57. Purpose of the issue
57.1. A housing finance company shall issue non-convertible debentures for
deployment of funds for creation of own assets.
57.2. No housing finance company shall issue non-convertible debentures to facilitate
resource requests of or utilization by group entities/ parent company/ associates.
58. Maturity
58.1. NCDs shall not be issued for maturities of less than 12 months from the date of
issue.
58.2. The exercise date of option (put/call), if any, attached to the non- convertible
debentures shall not fall within the period of one year from the date of issue.
58.3. No roll-over of non-convertible debentures is permitted.
58.4. The tenor of the non-convertible debentures shall not exceed the validity period
of the credit rating of the instrument, if any.
59. Rating Requirement
59.1. A housing finance company having minimum NOF as prescribed in Paragraph 5
and intending to issue non-convertible debentures shall obtain credit rating for the
same from one of the credit rating agencies, viz., the Credit Rating Information
Services of India Ltd. (CRISIL) or the Investment Information and Credit Rating
Agency of India Ltd. (ICRA) or the Credit Analysis and Research Ltd. (CARE), or
the FITCH Ratings India Pvt. Ltd or Brickwork Ratings India Pvt. Ltd or such other
agencies registered with Securities and Exchange Board of India (SEBI) or such
other credit rating agencies as may be specified by the Reserve Bank of India
from time to time, for the purpose.
59.2. The housing finance company should have minimum credit rating of moderate
degree of safety regarding timely servicing of financial obligations.
59.3. The housing finance company shall ensure at the time of issuance of the non-
convertible debentures that the rating so obtained is current and has not fallen
due for review.
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60. Maximum number of investors and minimum amount of subscription per
investor
60.1. There shall be a limit of 200 subscribers for every financial year, for issuance of
NCDs with a maximum subscription of less than ₹1 crore, and such subscription
shall be fully secured.
60.2. There shall be no limit on the number of subscribers in respect of issuances with
a minimum subscription of ₹1 crore and above; and the option to create security
in favour of subscribers will be with the issuers. Such unsecured debentures shall
not be treated as public deposits as defined in these directions.
60.3. The minimum subscription per investors shall be ₹20,000/-.
60.4. The issuance of private placement4 of NCDs shall be in two separate categories,
those with a maximum subscription of less than ₹1 crore and those with a
minimum subscription of ₹1 crore and above per investor.
61. Limits and the amount of Issue of non-convertible debentures
61.1. The aggregate amount of non-convertible debentures issued by a housing finance
company shall be within such limit as may be approved by the Board of Directors
of the housing finance company or the quantum indicated by the Credit Rating
Agency for the rating granted, whichever is lower.
61.2. The total amount of non-convertible debentures proposed to be issued shall be
completed within a period of 30 days from the date on which the housing finance
company opens the issue for subscription.
62. Conditions for issue of non-convertible debentures
62.1. A housing finance company shall have in place, a Board approved policy for
resource planning which, inter alia, should cover the planning horizon and the
periodicity of private placement of non-convertible debentures.
62.2. The offer document for private placement should be issued within a maximum
period of 6 months from the date of the Board resolution authorizing the issue.
63. Procedure for Issuance
4 “Private Placement” means non-public offering of Non-Convertible Debentures (NCDs) by housing finance
companies to such number of select subscribers and such subscription amounts, as may be specified by the Reserve
Bank of India, from time to time.
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63.1. The housing finance company shall disclose to the prospective investors, its
financial position as per the standard market practice. In particular, the offer
document should include the names and designations of the officials who are
authorized to issue such offer document. The Board resolution and the offer
document must contain information on purpose for which the resources are being
raised. The offer document may be printed or typed "For Private Circulation Only".
General information including the address of the Registered Office of the HFC,
date of opening/ closing of the issue, maturity period, rate of interest, etc. shall be
clearly mentioned in the offer document.
63.2. The auditors of the housing finance company shall certify to the investors that all
the eligibility conditions set forth in these directions for the issue of non-convertible
debentures are met by the housing finance company.
63.3. The requirements of all the provisions of the Companies Act, 2013 and the
Securities and Exchange Board of India (Issue and Listing of Debt Securities)
Regulations, 2008, or any other law, that may be applicable, shall be complied
with by the housing finance company.
63.4. The Debenture Certificate shall be issued within the period prescribed in the
Companies Act, 2013 or any other law as in force at the time of issuance.
63.5. Non-convertible debentures may be issued at face value carrying a coupon rate
or at a discount to face value as zero-coupon instruments as determined by the
housing finance company.
64. Debenture Trustee
64.1. Every housing finance company issuing non-convertible debentures shall appoint
a Debenture Trustee for each issue.
64.2. Any entity that is registered as a Debenture Trustee with the Securities and
Exchange Board of India under the Securities and Exchange Board of India
(Debenture Trustees) Regulations, 1993, shall be eligible to act as Debenture
Trustee for issue of the non-convertible debentures.
64.3. Any information as required by NHB, HFCs shall procure such information from
Debenture Trustee and shall submit it to the NHB from time to time.
65. Security Cover for non-convertible debentures
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65.1. A housing finance company issuing non-convertible debentures shall ensure that
at all points of time such debentures are fully secured.
65.2. In case, at the stage of issue, the security cover is insufficient/ not created, the
issue proceeds shall be placed under escrow until creation of security, which in
any case should be within one month from the date of issue.
65.3. The provisions of the above paragraph shall not apply to any amount received as
‘hybrid debt’ or ‘subordinated debt’, as defined in these directions having the
minimum maturity period of which is not less than sixty months.
65.4. The provisions of the above paragraph shall not apply to any amount raised by
issuance of non-convertible debentures with a maturity more than one year and
having the minimum subscription per investor at ₹1 crore and above, provided
that such debentures have been issued in accordance with the guidelines issued
by the Reserve Bank of India as in force from time to time in respect of such non-
convertible debentures.
66. Preference for Dematerialization
While option is available to the housing finance companies to issue non- convertible
debentures in dematerialized or physical form, they are encouraged to issue
debentures in dematerialized form.
67. Loan against debentures
No housing finance company shall extend loans against the security of its own
debentures issued either by way of private placement or public issue5.
68. Board’s report
The Board’s report attached to every balance sheet laid before a housing finance
company in general meeting shall include a statement showing:
68.1. The total number of non-convertible debentures which have not been claimed by
the Investors or not paid by the housing finance company after the date on which
the non-convertible debentures became due for redemption; and
68.2. The total amount in respect of such debentures remaining unclaimed or unpaid
beyond the date referred to in Paragraph 68.1 as aforesaid.
5 “Public Issue” means an invitation by a housing finance company to public to subscribe to the securities offered
through a prospectus.
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Chapter XII
Auditor’s Report
69. Auditors to submit additional Report to the Board of Directors
In addition to the report made by the auditor under Section 143 of the Companies
Act, 2013 on the accounts of a housing finance company examined for every
financial year ending on any day on or after the commencement of these directions,
the auditor shall also make a separate report to the Board of Directors of the
Company on the matters specified in Paragraphs 70 and 71 below.
70. Material to be included in the Auditor’s Report to the Board of Directors
70.1. The auditor’s report on the accounts of a housing finance company shall include
a statement on the following matters, namely:
70.1.1. Conducting housing finance activity without a valid Certificate of Registration
(CoR) granted under Section 29 A of the NHB Act, 1987 is an offence under
Chapter VII of the NHB Act, 1987. Therefore, if the company is engaged in
the business of Housing Finance Institution as defined in Section 2 (d) of the
NHB Act and meeting Principal Business Criteria as laid down under
Paragraph 4.1.17 of these directions, the auditor shall examine whether the
company has obtained a CoR under Section 29 A of the NHB Act, 1987. The
auditor shall also certify the Principal Business Criteria as specified in
Paragraph 4.1.17.
70.1.2. Whether the housing finance company is meeting the Net Owned Fund
(NOF) requirement as prescribed under Section 29A of the National Housing
Bank Act, 1987 including paid-up preference shares which are compulsorily
convertible into equity.
70.1.3. Whether the housing finance company has complied with Section 29C of the
National Housing Bank Act, 1987.
70.1.4. Whether the total borrowings of the housing finance company are within the
limits prescribed under Paragraph 27.2 of these directions.
70.1.5. Whether the housing finance company has complied with the prudential
norms on income recognition, accounting standards, asset classification,
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loan-to-value ratio, provisioning requirements, disclosure in balance sheet,
investment in real estate, exposure to capital market and engagement of
brokers, and concentration of credit/investments as specified in these
directions;
70.1.6. Whether the capital adequacy ratio as disclosed in the half-yearly statutory
return, submitted to the NHB, as per the directions issued by NHB in this
regard, has been correctly determined and whether such ratio is in
compliance with the prescribed minimum capital to risk weighted asset ratio
(CRAR);
70.1.7. Whether the housing finance company has furnished to the NHB within the
stipulated period the half-yearly statutory return, as specified in the directions
issued by NHB;
70.1.8. Whether the housing finance company has furnished to the NHB within the
stipulated period the quarterly statutory return on Statutory Liquid Assets, as
specified in the directions issued by NHB;
70.1.9. Whether, in the case of opening of new branches/ offices or in the case of
closure of existing branches/ offices, the housing finance company has
complied with the requirements contained in these directions.
70.1.10. Whether the housing finance company has complied with the provisions
contained in Paragraph 3.1.3, Paragraph 3.1.4 and Paragraph 18 of these
directions.
70.1.11. Whether the Board of Directors of the housing finance company has passed
a resolution for non-acceptance of any public deposits;
70.1.12. Whether the housing finance company has accepted any public deposits
during the relevant period/ year;
70.2. In case of a housing finance companies accepting/ holding public deposits:
Apart from the matters enumerated in Paragraph 70.1 above, the auditor shall
include a statement on the following matters, namely: -
70.2.1. Whether the public deposits accepted by the housing finance company
together with other borrowings indicated below viz.
a. from public by issue of unsecured non-convertible debentures/ bonds;
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b. from its shareholders (if it is a public limited company); and
c. which are not excluded from the definition of ‘public deposit’ as per
Paragraph 4.1.30 of these directions,
are within the limits admissible to the company as per the provisions of these
directions;
70.2.2. Whether the public deposits held by the housing finance company in excess
of the quantum of such deposits permissible to it under the provisions of these
directions are regularised in the manner provided in the direction;
70.2.3. Whether the housing finance company is accepting/ holding "public deposits”
without minimum investment grade credit rating from an approved credit
rating agency;
70.2.4. In respect of housing finance company referred to in Paragraph 70.2.3 above,
70.2.4.1. whether the credit rating, for each of the fixed deposit schemes that has
been assigned by one of the Credit Rating Agencies mentioned in these
directions are in force; and
70.2.4.2. whether the aggregate amount of deposits outstanding as at any point
during the year has exceeded the limit specified by the such Credit Rating
Agency;
70.2.5. Whether the housing finance company has defaulted in paying to its
depositors the interest and/or principal amount of the deposits after such
interest and/or principal became due;
70.2.6. Whether the housing finance company has complied with the liquid assets
requirement as prescribed by the Bank in exercise of powers under section
29B of the National Housing Bank Act, 1987 and the requirements as
specified in Paragraphs 40 and 42 of these directions;
70.2.7. Whether the housing finance company has violated any provisions contained
under restriction on acceptance of public deposits, period of public deposits,
joint public deposit, particulars to be specified in application form soliciting
public deposits, ceiling on the rate of interest and brokerage and interest on
overdue public deposits, renewal of public deposits before maturity as
provided in these directions.
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71. Reasons to be stated for unfavourable or qualified statements/ remarks/ notes
Where, in the auditor’s report, the statement/ remarks/ notes regarding any of the
items referred to in Paragraph 70 above is unfavourable or qualified, the auditor’s
report shall also state the reasons for such unfavourable or qualified statement, as
the case may be. Where the auditor is unable to express any opinion on any of the
items referred to in Paragraph 70 above, his report shall indicate such fact together
with reasons therefor.
72. Obligation of auditor to report to the Reserve Bank of India and the National
Housing Bank
72.1. Where, in the case of a housing finance company, the statement regarding any
of the items referred to in Paragraph 70 above, is unfavourable or qualified, or in
the opinion of the auditor the company has not complied with:
a. the provisions of Chapter V of the National Housing Bank Act, 1987;
b. the provisions of Chapter III B of the RBI Act, except Sections 45-IA, 45-IB
and 45-IC; or
c. the provisions contained in these directions (i.e. Master Direction Non -
Banking Financial Company – Housing Finance Company (Reserve Bank of
India) Directions, 2021)
It shall be the obligation of the auditor to make a report containing the details of
such unfavourable or qualified statements and/or about the noncompliance, as
the case may be, in respect of the housing finance company to the NHB and
Department of Regulation, Reserve Bank of India, Mumbai.
72.2. The duty of the auditor under Sub-paragraph 72.1 shall be to report only the
contraventions of the provisions of NHB Act, 1987, the RBI Act, 1934 and
directions, guidelines, instructions referred to in Sub-paragraph 72.1 and such
report shall not contain any statement with respect to compliance of any of those
provisions.
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Chapter XIII
Fair Practice Code
73. Application of the Code
This Code shall apply to all the products and services, whether they are provided by
the HFCs, its subsidiaries or Digital Lending Platforms (self-owned and/or under an
outsourcing arrangement) across the counter, over the phone, by post, through
interactive electronic devices, on the internet or by any other method.
74. Applications for loans and their processing
74.1. All communications to the borrower shall be in the vernacular language or a
language as understood by the borrower.
74.2. HFCs shall transparently disclose to the borrower all information about fees/
charges payable for processing the loan application, the amount of fees
refundable if loan amount is not sanctioned/ disbursed, pre-payment options and
charges, if any, penal interest/ penalty for delayed repayment, if any, conversion
charges for switching loan from fixed to floating rates or vice-versa, existence of
any interest reset clause and any other matter which affects the interest of the
borrower. In other words, HFCs must disclose ‘all in cost’ inclusive of all charges
involved in processing/ sanctioning of loan application in a transparent manner. It
should also be ensured that such charges/ fees are non-discriminatory.
74.3. Loan application forms shall include necessary information which affects the
interest of the borrower, so that a meaningful comparison with the terms and
conditions offered by other HFCs can be made and informed decision can be
taken by the borrower. The loan application form may indicate the list of
documents required to be submitted with the application form.
74.4. The HFCs shall devise a system of giving acknowledgement for receipt of all loan
applications. Preferably, the time frame within which loan applications will be
disposed should also be indicated in the acknowledgement.
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75. Loan appraisal, terms/ conditions and communication of rejection of loan
application
75.1. Normally all particulars required for processing the loan application shall be
collected by the HFCs at the time of application. In case it needs any additional
information, the customer should be told immediately that he would be contacted
again.
75.2. HFCs shall convey in writing to the borrower in the vernacular language or a
language as understood by the borrower by means of sanction letter or otherwise,
the amount of loan sanctioned along with all terms and conditions including
annualized rate of interest, method of application, EMI Structure, prepayment
charges, penal interest (if any) and keep the written acceptance of these terms
and conditions by the borrower on its record.
75.3. HFCs shall mention the penal interest charged for late repayment in bold in the
loan agreement.
75.4. HFCs shall invariably furnish a copy of the loan agreement along with a copy of
each of the enclosures quoted in the loan agreement to every borrower at the time
of sanction/ disbursement of loans, against acknowledgement.
75.5. If an HFC cannot provide the loan to the customer, it shall communicate in writing
the reason(s) for rejection.
76. Disbursement of loans including changes in terms and conditions
76.1. Disbursement should be made in accordance with the disbursement schedule
given in the Loan Agreement/ Sanction Letter.
76.2. The HFCs shall give notice to the borrower in the vernacular language or a
language as understood by the borrower of any change in the terms and
conditions including disbursement schedule, interest rates, penal interest (if any),
service charges, prepayment charges, other applicable fee/ charges etc. HFCs
should also ensure that changes in interest rates and charges are effected only
prospectively. A suitable condition in this regard should be incorporated in the
loan agreement.
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76.3. If such change is to the disadvantage of the customer, he/ she may within 60 days
and without notice close his/ her account or switch it without having to pay any
extra charges or interest.
76.4. Decision to recall/ accelerate payment or performance under the agreement or
seeking additional securities, should be in consonance with the loan agreement.
76.5. HFCs shall release all securities on repayment of all dues or on realization of the
outstanding amount of loan subject to any legitimate right or lien for any other
claim HFCs may have against borrower. If such right of set off is to be exercised,
the borrower shall be given notice about the same with full particulars about the
remaining claims and the conditions under which HFCs are entitled to retain the
securities till the relevant claim is settled/ paid.
77. Responsibility of Board of Directors
77.1. The Board of Directors of HFCs should lay down the appropriate grievance
redressal mechanism within the organization to resolve complaints and
grievances. Such a mechanism should ensure that all disputes arising out of the
decisions of lending institution’s functionaries are heard and disposed of at least
at the next higher level.
77.2. The Board of Directors of each HFC should provide for periodical review of the
compliance of the Fair Practices Code and the functioning of the grievances
redressal mechanism at various levels of management. A consolidated report of
such reviews may be submitted to the Board at regular intervals, as may be
prescribed by it.
78. Complaints and Grievance Redressal
78.1. Every HFC shall have a system and a procedure for receiving, registering and
disposing of complaints and grievances in each of its offices, including those
received on-line.
78.2. If a complaint has been received in writing from a customer, an HFC shall
endeavor to send him/ her an acknowledgement/ response within a week. The
acknowledgement should contain the name & designation of the official who will
deal with the grievance. If the complaint is relayed over phone at HFC’s
designated telephone helpdesk or customer service number, the customer shall
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be provided with a complaint reference number and be kept informed of the
progress within a reasonable period of time.
78.3. After examining the matter, an HFC shall send the customer its final response or
explain why it needs more time to respond and shall endeavor to do so within six
weeks of receipt of a complaint and he/ she should be informed how to take his/
her complaint further if he/ she is still not satisfied.
78.4. Every HFC shall publicize its grievance redressal procedure (e-mail id and other
contact details at which the complaints can be lodged, turnaround time for
resolving the issue, matrix for escalation, etc.) for lodging the complaints by the
aggrieved borrower and ensure specifically that it is made available on its website.
HFC shall clearly display in all its offices/ branches and on the website that in
case the complainant does not receive response from the company within a
period of one month or is dissatisfied with the response received, the complainant
may approach the Complaint Redressal Cell of National Housing Bank by lodging
its complaints online on the website of NHB or through post to NHB, New Delhi.
79. Language and mode of communicating Fair Practice Code
Fair Practices Code (which shall preferably be in the vernacular language or a
language as understood by the borrower) based on the directions outlined
hereinabove shall be put in place by all HFCs with the approval of their Boards.
HFCs will have the freedom of drafting the Fair Practices Code, enhancing the scope
of the directions but in no way sacrificing the spirit underlying the above directions.
The same shall be put up on their website, for the information of various
stakeholders.
80. Regulation of excessive interest charged by HFCs
80.1. The Board of each HFC shall adopt an interest rate model taking into account
relevant factors such as cost of funds, margin and risk premium and determine
the rate of interest to be charged for loans and advances. The rate of interest and
the approach for gradation of risk and rationale for charging different rate of
interest to different categories of borrowers shall be disclosed to the borrower or
customer in the application form and communicated explicitly in the sanction
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letter. The Board of the HFC shall also have clearly laid down policy for penal
interest/ charges (if any).
80.2. The rates of interest and the approach for gradation of risks, and penal interest (if
any) shall also be made available on the website of the companies or published
in the relevant newspapers. The information published in the website or otherwise
published shall be updated whenever there is a change in the rates of interest.
80.3. The rate of interest and penal interest (if any) must be annualised rate so that the
borrower is aware of the exact rates that would be charged to the account.
80.4. Instalments collected from borrowers should clearly indicate the bifurcation
between interest and principal.
81. Excessive interest charged by HFCs
Though interest rates are not regulated by the Bank, rates of interest beyond a
certain level may be seen to be excessive and can neither be sustainable nor be
conforming to normal financial practice. HFCs shall lay out appropriate internal
principles and procedures in determining interest rates and processing and other
charges (including penal interest, if any). In this regard the directions in the Fair
Practices Code about transparency in respect of terms and conditions of the loans
are to be kept in view. HFCs are also advised to put in place an internal mechanism
to monitor the process and the operations so as to ensure adequate transparency
in communications with the borrowers.
82. Advertising, Marketing and Sales
HFC shall;
82.1. Ensure that all advertising and promotional material is clear, and factual.
82.2. In any advertising in any media and promotional literature that draws attention to
a service or product and includes a reference to an interest rate, HFCs shall also
indicate whether other fees and charges will apply and that full details of the
relevant terms and conditions are available on request or on the website.
82.3. HFCs shall provide information on interest rates, common fees and charges
(including penal interest, if any) through putting up notices in their branches;
through telephone or help-lines; on the company’s website; through designated
staff/ help desk; or providing service guide/ tariff schedule.
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82.4. If HFCs avail of the services of third parties for providing support services, HFCs
shall require that such third parties handle customer’s personal information (if any
available to such third parties) with the same degree of confidentiality and security
as the HFCs would.
82.5. HFCs may, from time to time, communicate to customers various features of their
products availed by them. Information about their other products or promotional
offers in respect of products/ services, may be conveyed to customers only if he/
she has given his/ her consent to receive such information/ service either by mail
or by registering for the same on the website or on customer service number.
82.6. Prescribe a code of conduct for their Direct Selling Agencies (DSAs) whose
services are availed to market products/ services which amongst other matters
require them to identify themselves when they approach the customer for selling
products personally or through phone.
82.7. HFCs shall adopt the Model Code of Conducts for Direct Selling Agents (DSAs)/
Direct Marketing Agents (DMAs) as per Annex X with the approval of their Board.
82.8. In the event of receipt of any complaint from the customer that HFC’s
representative/ courier or DSA has engaged in any improper conduct or acted in
violation of this Code, appropriate steps shall be initiated to investigate and to
handle the complaint and to make good the loss.
83. Guarantors
When a person is considering being a guarantor to a loan, he/ she should be
informed about
a. his/ her liability as guarantor;
b. the amount of liability he/ she will be committing him/herself to the company;
c. circumstances in which HFC will call on him/her to pay up his/ her liability;
d. whether HFC has recourse to his/her other monies in the company if he/ she fail
to pay up as a guarantor;
e. whether his/her liabilities as a guarantor are limited to a specific quantum or are
they unlimited; and
f. time and circumstances in which his/ her liabilities as a guarantor will be
discharged as also the manner in which HFC will notify him/ her about this.
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g. In case the guarantor refuses to comply with the demand made by the creditor/
lender, despite having sufficient means to make payment of the dues, such
guarantor would also be treated as a wilful defaulter.
HFCs shall keep him/her informed of any material adverse change/s in the financial
position of the borrower to whom he/ she stands as a guarantor.
84. Privacy and Confidentiality
All personal information of customers, both present and past, shall be treated as
private and confidential and shall be guided by the following principles and policies.
84.1. HFCs shall not reveal information or data relating to customer accounts, whether
provided by the customers or otherwise, to anyone, including other companies/
entities in their group, other than in the following exceptional cases:
a. If the information is to be given by law.
b. If there is a duty towards the public to reveal the information.
c. If the HFC’s interests require them to give the information (for example, to
prevent fraud). However, it should not be used as a reason for giving
information about customer or customer accounts (including customer name
and address) to anyone else, including other companies in the group, for
marketing purposes.
d. If the customer asks the HFC to reveal the information, or with the customer’s
permission.
e. If HFCs are asked to give a reference about customers, they shall obtain his/
her written permission before giving it.
84.2. The customer shall be informed the extent of his/ her rights under the existing
legal framework for accessing the personal records that an HFC holds about him/
her.
84.3. HFCs shall not use customer’s personal information for marketing purposes by
anyone including HFCs, unless the customer specifically authorizes them to do
so.
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85. General
85.1. HFCs shall refrain from interference in the affairs of the borrower except for the
purposes provided in the terms and conditions of the loan agreement (unless
information, not earlier disclosed by the borrower, has been noticed).
85.2. In case of receipt of request from the borrower for transfer of borrowal account,
the consent or otherwise i.e. objection of the HFC, if any, shall be conveyed within
21 days from the date of receipt of request. Such transfer shall be as per
transparent contractual terms in consonance with law.
85.3. Whenever loans are given, HFCs shall explain to the customer the repayment
process by way of amount, tenure and periodicity of repayment. However, if the
customer does not adhere to repayment schedule, a defined process in
accordance with the laws of the land shall be followed for recovery of dues. The
process will involve reminding the customer by sending him/ her notice or by
making personal visits and/or repossession of security if any.
85.4. In the matter of recovery of loans, an HFC shall not resort to harassment viz.
persistently bothering the borrowers at odd hours, use muscle power for recovery
of loans etc. As complaints from customers also include rude behavior from the
staff of the companies, HFCs shall ensure that the staff is adequately trained to
deal with the customers in an appropriate manner.
85.5. The Bank has formulated the guidelines (as per Annex XI) for engaging Recovery
Agents, for adoption by the HFCs with the approval of their respective Boards.
85.6. HFCs shall not charge pre-payment levy or penalty on pre-closure of housing
loans under the following situations:
a. Where the housing loan is on floating interest rate basis and pre-closed from
any source.
b. Where the housing loan is on fixed interest rate basis and the loan is pre-
closed by the borrower out of their own sources.
The expression “own sources” for the purpose means any source other than by
borrowing from a bank/ HFC/ NBFC and/or a financial institution.
All dual/ special rate (combination of fixed and floating) housing loans will attract
the pre-closure norms applicable to fixed/ floating rate depending on whether at
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the time of pre-closure, the loan is on fixed or floating rate. In case of a dual/
special rate housing loans, the pre-closure norm for floating rate will apply once
the loan has been converted into floating rate loan, after the expiry of the fixed
interest rate period. This applied to all such dual/ special rate housing loans being
foreclosed hereafter. It is also clarified that a fixed rate loan is one where the rate
is fixed for entire duration of the loan.
85.7. HFCs shall not impose foreclosure charges/ pre-payment penalties on any
floating rate term loan sanctioned for purposes other than business to individual
borrowers, with or without co-obligant(s).
85.8. To facilitate quick and good understanding of the major terms and conditions of
housing loan agreed upon between HFC and the individual borrower, HFCs shall
obtain a document containing the most important terms and conditions (MITC) of
such loan in all cases in the suggestive format as per Annex XII. The document
will be in addition to the existing loan and security documents being obtained by
the HFCs. HFCs are advised to prepare the said document in duplicate and in the
language understandable by the borrower. Duplicate copy duly executed between
the HFC and the borrower should be handed over to the borrower under
acknowledgement.
85.9. Display of various key aspect such as service charges, interest rates, Penal
interest (if any), services offered, product information, time norms for various
transactions and grievance redressal mechanism, etc. is required to promote
transparency in the operations of HFCs. HFCs shall follow the instructions on
“Notice Board”, “Booklets/ Brochures”, “Website”, “Other Modes of Display” and
on “Other Issues” as per Annex XII.
85.10. HFC shall display about their products and services in any one or more of the
following languages: Hindi, English or the appropriate local language.
85.11. HFCs shall not discriminate on grounds of sex, caste and religion in the matter of
lending. Further, HFCs shall also not discriminate visually impaired or physically
challenged applicants on the ground of disability in extending products, services,
facilities, etc. However, this does not preclude HFCs from instituting or
participating in schemes framed for different sections of the society.
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85.12. To publicise the Code, HFCs shall:
a. provide existing and new customers with a copy of the Code;
b. make this Code available on request either over the counter or by electronic
communication or mail;
c. make available this Code at every branch and on their website; and
d. ensure that their staff are trained to provide relevant information about the
Code and to put the Code into practice.
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Chapter XIV
Miscellaneous Instructions
86. Finance for Housing Projects-Incorporating clause in the terms and
conditions to disclose in pamphlets/ brochures/ advertisements information
regarding mortgage of property to the HFC
While granting finance to housing/ development projects, HFCs shall stipulate as
part of the terms and conditions that:
a. The builder/ developer/ company shall disclose in the pamphlets/ brochures/
display boards on-site, the name (s) of the HFC/ other lenders to which the
property is mortgaged.
b. The builder/ developer/ company shall append the information relating to
mortgage while publishing advertisement of a particular scheme in newspapers/
magazines etc.
c. The builder/ developer/ company shall indicate in their pamphlets/ brochures that
they would provide No Objection Certificate (NOC)/ permissions of the
mortgagee HFC for sale of flats/ property, if required.
HFCs shall ensure compliance of the above terms and conditions and funds shall
not be released unless the builder/ developer/ company fulfils the above
requirements.
87. Housing Loans
87.1. Housing Loan for Building Construction
87.1.1. In cases where the applicant owns a plot/ land and approaches the HFC for
a credit facility to construct a house, a copy of the sanctioned plan by
competent authority in the name of the person applying for such credit facility
must be obtained by the HFC before sanctioning the home loan.
87.1.2. An affidavit-cum-undertaking must be obtained from the person applying for
such credit facility that he shall not violate the sanctioned plan, the
construction shall be strictly as per the sanctioned plan and it shall be the
sole responsibility of the executant to obtain completion certificate within 3
months of completion of construction, failing which the HFC shall have the
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power and the authority to recall the entire loan with interest, costs and other
usual bank charges.
87.1.3. An architect appointed by the HFC must certify at various stages of
construction of building that the construction is strictly as per sanctioned plan.
He/ She shall also certify, at a particular point of time that the completion
certificate of the building issued by the competent authority has been
obtained.
87.2. Housing Loan for purchase of constructed property/ built up property
87.2.1. In cases where the applicant approaches the HFC for a credit facility to
purchase the built-up house/ flat, it should be mandatory for him to declare
by way of an effective affidavit-cum-undertaking that built up house has been
constructed as per the sanctioned plan and/or building by-laws and as far as
possible has a completion certificate also.
87.2.2. An Architect appointed by the HFC must also certify before disbursement of
the loan that built up house is strictly as per the sanctioned plan and/or
building by-laws.
87.3. No loan shall be given in respect of those properties which fall in the category of
unauthorised colonies unless and until they have been regularized and
development and other charges paid.
87.4. No loan shall also be given in respect of properties meant for residential use but
which the applicant intends to use for commercial purposes and declares so
while applying for loan.
88. Disbursement of housing loan to individuals linked to the stages of
construction
88.1. Disbursal of housing loans sanctioned to individuals shall be strictly linked to the
stages of construction of the housing projects/ houses and upfront disbursal shall
not be made in case of incomplete/ under-construction/ green field housing
project/ houses.
88.2. HFCs while introducing any kind of product shall take into account the customer
suitability and appropriateness issues and also ensure that the borrowers/
customers are made fully aware of the risk and liabilities under such products.
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88.3. In cases of projects sponsored by Government/ Statutory Authorities, HFCs may
disburse the loans as per the payment stages prescribed by such authorities,
even where payments sought from house buyers are not linked to the stages of
construction, provided such authorities have no past history of non-completion of
projects.
88.4. HFCs shall desist from offering loan products involving servicing of the loan dues
by builders/ developers etc. on behalf of the borrowers.
88.5. HFCs shall have in place a well-defined mechanism for effective monitoring of
the progress of construction of housing projects and obtaining consent of the
borrower(s) prior to release of payments to the builder/developer.
88.6. HFCs while extending finance shall take into account the stipulations laid down
under RERA, as applicable.
89. Need for ensuring due diligence in the matter of deployment of funds by HFCs
89.1. HFCs shall take proper and adequate security for the loans. In case a loan is to
be sanctioned on unsecured basis, the same shall be in accordance with the
Board approved policy of the HFC.
89.2. HFCs shall review and strengthen their credit appraisal systems. Wherever
documents of title are submitted as security for loans, there should be a system
of verification of their genuineness, especially in large value loans. Wherever a
chartered accountant certificate, property valuation certificate, legal certificate,
guarantee/ line of credit or any other third-party certification is submitted by the
borrower, the HFC shall independently verify the authenticity of such certification
by directly communicating with the concerned authority issuing the certificate.
Indirect confirmation may also be resorted to, i.e. indicating to the issuer that in
case there is no response by certain deadline, it would be assumed that the
certificate is genuine.
89.3. HFCs shall ensure that the documents are not given directly to the customers for
verification, etc. to obviate any frauds.
89.4. HFCs shall ensure that the borrowers have obtained all required permissions/
clearances from Government/ Local Government/ Statutory Authorities for the
project. In case of construction loans, there should be system in place for
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physical verification/ project progress monitoring with proof (snap shots) and
technical reports ought to be put up to the competent authorities/ committee/
board at regular intervals.
89.5. While appraising loan proposals involving real estate, HFCs shall ensure that the
borrowers have obtained prior permission from Government/ Local Government/
Statutory Authorities for the project, wherever required. In order that the loan
approval process is not hampered on account of this, while the proposals may
be sanctioned in the normal course, the disbursements shall be made only after
the borrower has obtained the requisite clearances from the Government/
Statutory authorities.
89.6. Any relaxation in terms and conditions either at the time of sanction or anytime
thereafter should also be in accordance with Board approved policy of the HFC,
as also in conformity with the regulatory directions/ guidelines. The cases and
reasons for such relaxation should be clearly recorded. Any rescheduling of the
loan shall be done with the prior approval of the Board/ Competent Authority and
in accordance with applicable directions/ guidelines in this regard.
90. Ratings of financial product issued by HFCs
All HFCs having assets of 100 crore and above shall furnish information about
downgrading/ upgrading of assigned rating of any financial product issued by them,
within fifteen days of such a change in rating, to NHB.
91. HFCs not to be partners in partnership firms
91.1. No HFC shall contribute to the capital of a partnership firm or become a partner
of such firm.
91.2. In this connection;
a. Partnership firms shall also include Limited Liability Partnerships (LLPs).
b. The aforesaid prohibition shall also be applicable in respect of Association of
persons, these being similar in nature to partnership firms.
91.3. HFCs which had already contributed to the capital of a partnership firm/ LLP/
Association of persons or are a partner of a partnership firm/ LLP or member of
an Association of persons shall seek early retirement from the partnership firm/
LLP / Association of persons.
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92. Submission of data to Credit Information Companies (CICs) - Format of data
to be submitted by Credit Institutions
92.1. All HFCs shall become member of all CICs and submit data (including historical
data) to them.
92.2. In terms of sub-sections (1) and (2) of section 17 of the Credit Information
Companies (Regulation) Act, 2005, a credit information company may require its
members to furnish credit information as it may deem necessary in accordance
with the provisions of the Credit Information Companies (Regulation) Act, 2005
and every such credit institution has to provide the required information to that
credit information company. In terms of Regulation 10(a) (ii) of the Credit
Information Companies Regulations, 2006, every credit institution shall:
a. keep the credit information maintained by it, updated regularly on a monthly
basis or at such shorter intervals as mutually agreed upon between the credit
institution and the credit information company; and
b. take all such steps which may be necessary to ensure that the credit
information furnished by it, is update, accurate and complete.
92.3. All HFCs shall comply with the instructions contained in the Bank’s circular
DBOD.No.CID.BC.127/20.16.056/2013-14 dated June 27, 2014 and as
amended from time to time; laying down instructions regarding the following:
a. Creating Awareness about Credit Information Report (CIR);
b. Usage of CIR in all Lending Decisions and Account Opening;
c. Populating Commercial Data Records in Databases of all CICs;
d. Standardisation of Data Format;
e. Constitution of a Technical Working Group;
f. Process of Rectification of Rejected Data;
g. Determining Data Quality Index;
h. Calibration of Credit Score and Standardising Format of CIR;
i. Best practices for Banks/FIs.
92.4. HFCs shall comply with the directive issued under Section 11 (1) of Credit
Information Companies (Regulation) Act by the Bank vide
DBR.No.CID.BC.59/20.16.056/2014-15 dated January 15, 2015.
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93. Need for public notice before closure of the Branch/ Office
All HFCs shall give at least three months public notice prior to the date of closure of
any of its branches/ offices in, at least, one leading national newspaper and one
leading local vernacular (covering the place of branch/ office) newspaper indicating
therein the purpose etc.
94. Non - Reckoning of Fixed Deposits with banks as Financial Assets
Investments in fixed deposits shall not be treated as financial assets and receipt of
interest income on fixed deposits with banks shall not be treated as income from
financial assets. Besides, bank deposits constitute near money and can be used
only for temporary parking of idle funds, and/or in cases where the funds are parked
in fixed deposits initially to fulfil the requirement of registration as HFC, till
commencement of housing finance business.
95. FIMMDA Reporting Platform for Corporate Bond Transactions
All HFCs shall be required to report their secondary market transactions in corporate
bonds done in OTC market, on FIMMDA's reporting platform.
96. Transactions in Government Securities
Every HFC shall undertake transactions in Government securities through its CSGL
account or its demat account.
97. Implementation of Green Initiative of the Government
97.1. All HFCs shall take proactive steps for increasing the use of electronic payment
systems, elimination of post-dated cheques and gradual phase-out of cheques
in their day to day business transactions which would result in more cost-effective
transactions and faster and accurate settlements.
97.2. HFCs should invariably use e-banking facilities while transacting with builders/
tripartite arrangements in builders’ projects/ corporates. Further, HFC’s should
ensure that borrowers/ users of this facility are not charged any additional fee for
the same.
98. Attempt to defraud using fake bank guarantee-modus operandi
98.1. Instances of fraud have been brought to the notice of the Bank wherein Bank
Guarantees (BGs) purportedly issued by a couple of bank branches in favour of
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different entities were presented for confirmation by other commercial banks/
individuals representing some beneficiary firms. The BGs were submitted along
with Confirmation Advice/ Advice of Acceptance. One of the beneficiaries was
the reporting banks customer. The remaining beneficiaries and applicants were
neither the customers of the bank nor were they known to the bank branch
officials.
98.2. A scrutiny of the said BG revealed that these bank guarantees were fake and the
signatures of the bank officials appearing on the BG were forged. The bank
branches purported to have issued the BGs also confirmed that they had not
issued the same. Even the format of the BGs and their serial numbers did not
match with that of the bank.
98.3. HFCs shall take notice of the above facts in order to exercise due caution while
handling such cases.
99. Rounding off transactions
All transactions of HFCs, including payment of interest on deposits/ charging of
interest on advances, shall be rounded off to the nearest rupee, i.e. fractions of 50
paise and above shall be rounded off to the next higher rupee and fractions of less
than 50 paise shall be ignored. It shall be ensured that cheques/ drafts issued by
clients containing fractions of a rupee shall not be rejected by them.
100. Disbursal of loan amount in cash
Every HFC shall ensure compliance with the requirements under sections 269SS
and 269T of the Income Tax Act, 1961, as amended from time to time.
101. Treatment of Deferred Tax Assets (DTA) for computation of capital and
creation of Deferred Tax Liability (DTL) on Special Reserve
101.1. DTA shall be treated as an intangible asset and shall be deducted from Tier I
Capital.
101.2. Deferred Tax Liability (DTL) should be created on Special Reserve created and
maintained under Section 36(1)(viii) of the Income Tax Act, 1961. DTL for
amounts transferred to Special Reserve shall be charged to the statement of
Profit and Loss of that year. In view of the requirement to create DTL on Special
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Reserve, HFCs may reckon the entire Special Reserve for the purpose of
computing Tier-I Capital.
102. Loan facilities to the physically/ visually challenged
102.1. HFCs shall not discriminate in extending products, services, facilities etc.
including loan facilities to physically/ visually challenged applicants on grounds
of disability.
102.2. All branches/ offices of HFCs shall render all possible assistance to such persons
for availing of the various business facilities. HFCs shall include a suitable
module containing the rights of persons with disabilities guaranteed to them by
the law and international conventions, in all the training programmes conducted
for their employees at all levels. Further, HFCs shall ensure redressal of
grievances of persons with disabilities under the Grievance Redressal
Mechanism already set up by them. Illustrative guidelines for loan facilities to
visually challenged applicant are enclosed in Annex XIII.
103. Filing of Security Interest in CERSAI
HFCs shall file and register the records of security interest created in their favour
with the Central Registry of Securitisation Asset Reconstruction and Security
Interest of India (CERSAI). Further, HFCs shall ensure meticulous compliance in
the matter of registration of the applicable records with the CERSAI on an ongoing
basis as per the instructions issued from time to time.
104. Valuation of Properties – Empanelment of Valuers
HFCs are required to put in place a Board approved valuation policy for putting in
place a system/ procedure for realistic valuation of properties/ fixed assets and also
for empanelment of valuers in accordance with the details contained in Annex XIV.
105. Notification as “Financial Institution” under Section 2(1)(iv)(m) of the
Securitization and Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002
105.1. The criteria laid down for recommendation and notification of HFCs under
Section 2(1)(m)(iv) of the Securitization and Reconstruction of Financial Assets
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and Enforcement of Security Interest Act, 2002 (SARFAESI Act) as Financial
Institution is specified in Annex XV.
105.2. HFCs may apply to NHB to get notified in the format specified in aforementioned
Annex.
105.3. An HFC once notified as Financial Institution under the SARFAESI Act shall
ensure compliance with the criteria prescribed in Annex XV. In the event of non-
compliance of the said criteria for two consecutive financial years, NHB may
recommend for de-notification of the HFC as a Financial Institution under the said
Act to the Central Government.
106. Submission of Financial Information to Information Utilities
All HFCs are advised to adhere to the relevant provisions of Insolvency and
Bankruptcy Code (IBC), 2016 and Insolvency and Bankruptcy Board of India (IBBI)
Information Utilities (IUs) Regulations, 2017 and put in place appropriate systems
and procedures to ensure compliance to the provisions of the Code and Regulations.
107. National Disaster Management Guidelines on ensuring Disaster Resilient
construction of Building and Infrastructure
HFCs shall adopt the guidelines issued by the National Disaster Management
Authority (NDMA) and suitably incorporate them as a part of their loan policies,
procedures and documentations.
108. Detection and Impounding of Counterfeit Notes- Reporting of data to NHB
108.1. HFCs are required to furnish to the FIU-IND information relating to all cash
transactions where forged or counterfeit currency notes or bank notes have been
used as genuine or where any forgery of a valuable security or a document has
taken place facilitating the transactions.
108.2. As an additional measure, HFCs are advised to furnish a quarterly report to the
NHB along the lines of Annexure-VI of the Reserve Bank of India (RBI) Master
Circular-Detection and Impounding of Counterfeit Notes dated July 01, 2020, as
amended from time to time, and similar instructions issued by the Bank. The
above report should be furnished to the NHB within 7 days of the end of the
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quarter. A "nil" report should be sent in case no counterfeit has been detected
during the quarter.
109. Guidelines for Entry of Housing Finance Companies into Insurance Business
Guidelines for entry of housing finance companies into insurance business are
enclosed in Annex XVI.
110. Participation of HFCs in Ready Forward Contracts and accounting therof
HFCs not accepting/ holding public deposits and having an asset size of ₹100 crore
and above are allowed to participate in repo transactions in corporate debt
securities. Further, all HFCs are allowed to enter into repo transactions in
Government Securities. For these transactions, HFCs shall follow Repurchase
Transactions (Repo) (Reserve Bank) Directions, 2018, as amended from time to
time.
111. Guidelines on Wilful Defaulters
HFCs shall put in place the mechanism of reporting the information on wilful defaults
of 25 lakh and above to all CICs on a monthly basis or more frequent basis, latest
by 15th of the subsequent month. Detailed guidelines in this regard are enclosed in
Annex XVII.
Any instance of non-compliance by a HFC shall render the company liable to
regulatory action, including penal action, as per the provisions of the National
Housing Bank Act, 1987.
112. Every housing finance company shall, within one month from the
commencement of business, deliver to the NHB, a written statement
containing a list of -
a. The names and the official designations of its principal officers.
b. The complete postal address, telephone number/s and fax number/s of the
registered/corporate office.
c. The names and residential addresses of the directors of the company.
d. The names and office address of the auditors of the company and
e. The specimen signature of the officers authorised to sign on behalf of the HFC
on the returns specified by NHB.
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any change in the list referred to in Paragraph 112 above shall be intimated to the
NHB within one month from the occurrence of such change.
113. Appropriation of Reserve Fund created as per Section 29C of the National
Housing Bank Act, 1987
113.1. HFCs may withdraw from the said reserve fund, the excess amount credited (in
excess of the statutory minimum of 20 per cent) in the previous years for any
business purposes subject to suitable disclosure in the balance sheet.
113.2. HFCs which have transferred only the statutory minimum in the previous years
may withdraw from the reserve fund, with prior permission of the Bank, only for
the purpose of provisioning for non-performing assets subject to the conditions
that:
a. there is no debit balance in the profit and loss account, and
b. the reasons for such withdrawal are stated explicitly in the balance sheet.
113.3. If any such appropriation made is not informed to the Bank and NHB as per the
provisions of the National Housing Bank Act, 1987, it would be construed as a
violation of the regulatory provisions and appropriate penalty would be leviable
for such contravention.
114. Supervision of HFCs
The responsibility of supervision of HFCs will rest with the NHB.
114.1. Contravention of regulatory requirement by HFCs – Guidelines for levying
penalty
In accordance with Section 52A of the National Housing Bank Act, 1987, RBI/
NHB is empowered to impose penalty on a housing finance company for any
contravention of the Act or the directions made thereunder.
114.2. Inspection of HFCs
The inspection of HFCs shall be carried out by NHB in accordance with the
section 34 of the National Housing Bank Act, 1987.
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Chapter XV
Reporting Requirements
115. Copies of balance sheet and accounts together with the Directors’ report to
be furnished to the NHB
A copy of the financial statements, including consolidated financial statement, if any,
along with the auditor’s report and report of the Board of the Directors and all the
documents which are required to be attached to such financial statements under the
Companies Act 2013, duly adopted at the annual general meeting of the company,
shall be submitted to NHB within fifteen days of the date of the annual general
meeting.
116. Auditor’s Certificate
Every housing finance company holding/ accepting public deposits shall furnish to
the NHB, along with the copy of the audited balance sheet as provided under
Paragraph 115, a copy of the auditor’s report to the Board of Directors and a
certificate from its auditors to the effect that the full amount of liabilities to the
depositors of the company including interest payable thereon are properly reflected
in the balance sheet and that the company is in a position to meet the amount of
such liabilities to the depositors.
117. Returns to be submitted to the NHB
Without prejudice to the provisions of Paragraph 115 above, HFCs shall comply with
any reporting requirements prescribed by the NHB from time to time.
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Chapter XVI
Interpretations
118. Exemptions
The Bank may, if it considers it necessary for avoiding any hardship or for any other
just and sufficient reason, grant extensions of time to comply with or exempt any
housing finance company or class of housing finance companies, or auditor of any
housing finance company as pertaining in the Chapter XII of these directions, from
all or any of the provisions of these directions either generally or for any specified
period subject to such conditions as the Bank may impose.
119. Interpretations
For the purpose of giving effect to the provisions of these 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 these 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 or NHB 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.
120. Saving of action taken or that may be taken for contravention of the
regulations issued previously by NHB
The supersession of the regulation issued vide circulars listed in Paragraph 121 of
these directions, shall not in any way affect:
a. any right, obligation or liability acquired, accrued or incurred thereunder;
b. any penalty, forfeiture, or punishment incurred in respect of any contravention
committed thereunder;
c. any investigation, legal proceeding or remedy in respect of any such right,
privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and
any such investigation, legal proceedings or remedy may be instituted,
continued, or enforced and any such penalty, forfeiture or punishment may be
imposed as if those directions had not been superseded.
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Chapter XVII
Repeal
121. Repeal
With the issue of these directions, the instructions/ guidelines contained in the
following circulars issued by NHB, stand repealed (list as provided below).
Notwithstanding such repeal, any action taken/purported to have been taken or
initiated under the instructions/ guidelines having repealed shall continue to be
guided by the provisions of said instructions/ guidelines.
Sr. Circular No. Date Subject
No.
1 NHB(ND)/DRS/REG/MC- July 1, MC01-Master Circular-The Housing
01/2019 2019 Finance Companies-NHB Directions-
2010
MC02-Master Circular- Housing Finance
2 NHB(ND)/DRS/REG/MC- July 1, Companies-issuance of Non-Convertible
02/2019 2019 Debentures on private placement basis-
NHB Directions-2014
3 NHB(ND)/DRS/REG/MC- July 1, MC03-Master Circular- Fair Practices
03/2019 2019 Code
4 NHB(ND)/DRS/REG/MC- July 1, MC04-Master Circular- Miscellaneous
04/2019 2019 Instructions to all Housing Finance
Companies
5 NHB(ND)/DRS/REG/MC- July 1, MC05-Master Circular- Housing Finance
05/2019 2019 Companies - Auditor’s Report- NHB
Directions-2016
MC06-Master Circular- Housing Finance
6 NHB(ND)/DRS/REG/MC- July 1, Companies – Approval of Acquisition or
06/2019 2019 Transfer of Control – NHB Directions-
2016
7 NHB(ND)/DRS/REG/MC- July 1, MC07-Master Circular- Housing Finance
07/2019 2019 Companies – Corporate Governance-
NHB Directions-2016
8 NHB(ND)/DRS/Policy July 19, Disbursement of housing loan to
Circular No.96/2019-20 2019 individuals linked to the stages of
construction
9 DOR.NBFC(HFC).CC.No. May 19, Extending MD– Know Your Customer
111/03.10.136/2019-20 2020 (KYC) Direction, 2016 to HFCs
10 DOR.NBFC(HFC).CC.No. October Review of regulatory framework for
118/03.10.136/2020-21 22, 2020 Housing Finance Companies
**********************
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Annexures
Annex I
List of regulations prescribed for NBFCs (as updated from time to time) that are
applicable mutatis mutandis to HFCs
Para No. Particulars Reference to regulations issued by the Reserve Bank
of this
Direction
3.1.1 Guidelines on Para 15 A of Master Direction - Non-Banking Financial
Liquidity Risk Company - Systemically Important Non-Deposit taking
Management Company and Deposit taking Company (Reserve Bank)
Framework Directions, 2016
3.1.2 Guidelines on Para 15 B of Master Direction - Non-Banking Financial
Liquidity Company - Systemically Important Non-Deposit taking
Coverage Ratio Company and Deposit taking Company (Reserve Bank)
Directions, 2016
3.1.3 Loans against Para 22 of Master Direction - Non-Banking Financial
3.1.4 security of Company - Systemically Important Non-Deposit taking
3.1.5 shares Company and Deposit taking Company (Reserve Bank)
3.1.6 Directions, 2016
Loans against Para 27 and Para 39 of Master Direction - Non-Banking
3.1.7 security of Financial Company - Systemically Important Non-Deposit
single product – taking Company and Deposit taking Company (Reserve
gold jewellery Bank) Directions, 2016
Guidelines on Para 105 and 106 of Master Direction - Non-Banking
Securitisation Financial Company - Systemically Important Non-Deposit
Transactions taking Company and Deposit taking Company (Reserve
Bank) Directions, 2016
Managing Risks Para 120 of Master Direction - Non-Banking Financial
and Code of Company - Systemically Important Non-Deposit taking
Conduct in Company and Deposit taking Company (Reserve Bank)
Outsourcing of Directions, 2016
Financial
Services DOR (NBFC).CC.PD.No.109/22.10.106 /2019-20 dated
Implementation March 13, 2020 and
of Indian DOR (NBFC).CC.PD.No.116 /22.10.106/2020-21 July 24,
Accounting 2020.
Standards
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Annex II
Terms and Conditions applicable to Hybrid Debt Capital Instruments
to qualify for inclusion as Tier II Capital
1. Currency of Issue
1.1. HFCs shall issue Tier II instruments in Indian Rupees.
1.2. HFCs shall obtain prior approval of the Bank, on a case-by-case basis, for issue of
a Tier II Instruments in foreign currency.
2. Amount
The amount to be raised by issue of such instruments may be decided by the Board
of Directors of HFCs.
3. Limits
The aggregate amount of such instruments along with other components of Tier II
capital shall not exceed 100% of Tier I capital. This eligible amount will be computed
with reference to the amount of Tier I capital as on March 31st of the previous financial
year, after deduction of goodwill and other intangible assets but before the deduction
of investments.
4. Maturity period
The instruments should have a minimum maturity of 15 years.
5. Rate of Interest
The interest payable to the investors may be either at a fixed rate or at a floating rate
referenced to a market determined rupee interest benchmark rate.
6. Options
6.1. The debt instruments shall not be issued with ‘put option’.
6.2. HFCs may issue the instruments with ‘call option’ subject to strict compliance with
each of the following conditions:
a. Call option may be exercised only if the instrument has run for at least 10 years;
b. Call option shall be exercised only with the prior approval of NHB. While
considering the proposals received from HFCs for exercising the call option,
HFC’s capital to risk assets ratio (CRAR) position both at the time of exercise
of the call option and after exercise of call option shall be considered.
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7. Step Up
The issuing housing finance company may have a step-up option which may be
exercised only once during the whole life of the instrument, in conjunction with the call
option after the lapse of ten years from date of issue. The step up shall not be more
than 100 bps. The limits on step up apply to the all-in cost of the debt to the issuing
HFCs.
8. Lock-in clause
8.1. The instruments shall be subjected to lock-in clause in terms of which the issuing
HFC shall not be liable to pay either interest or principal, even at maturity, if
a. the HFC’s CRAR is below the minimum regulatory requirement prescribed by
the Bank; OR
b. the impact of such payments results in HFC’s CRAR falling below or remaining
below the minimum regulatory requirement prescribed by the Bank.
8.2. However, HFCs may pay interest with prior approval of NHB, when impact of such
payment may result in net loss or increase the net loss, provided CRAR remains
above the regulatory norm.
8.3. The interest amount due and remaining unpaid may be allowed to be paid in the
later years in cash/ cheque subject to the housing finance company complying with
the above regulatory requirement.
8.4. All instances of invocation of the lock-in clause should be notified by the issuing
HFCs to the NHB.
9. Seniority of claim
The claims of the investors in such Tier II instruments shall be
a. Superior to the claims of the investors in instruments eligible for inclusion in Tier I
capital; and
b. Subordinate to the claims of all other creditors.
10. Discounting
These instruments shall be subjected to a progressive discount for capital adequacy
purposes as in the case of long-term subordinated debt over the last five years of their
tenor. As they approach maturity these instruments should be subjected to
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progressive discount as indicated in the table below for being eligible for inclusion in
Tier II capital.
Remaining maturity of instruments Rate of Discount (%)
Less than one year 100
One year and more but less than two years 80
Two years and more but less than three years 60
Three years and more but less than four years 40
Four years and more but less than five years 20
11. Redemption
11.1. These instruments shall not be redeemable at the initiative of the holder.
11.2. All redemptions shall be made only with prior approval of NHB.
12. Reserve Requirements
Not required
13. Investments by FIIs & NRIs
Investments in these instruments by FIIs shall be within the limits as laid down in the
ECB Policy for investments in debt instruments. In addition, NRIs shall also be eligible
to invest in these instruments as per existing policy.
14. Issue of Tier II instruments in foreign currency
HFCs may augment their capital funds through the issue of such Tier II instruments in
foreign currency after seeking prior approval of the Bank and subject to compliance
with the undermentioned requirements:
14.1. The total amount of such Tier II instruments in foreign currency shall not exceed
25% of the unimpaired Tier I capital. This eligible amount will be computed with
reference to the amount of Tier I capital as on March 31st of the previous financial
year, after deduction of goodwill and other intangible assets but before the
deduction of investments.
14.2. Investment by FIIs in such instruments raised in Indian Rupees shall be outside
the limit for investments in capital debt instruments. However, investment by FIIs
in these instruments will be subjected to separate ceiling of USD 500 million.
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14.3. HFCs should not enter into swap transactions in respect of these Tier II
Instruments.
15. Other Conditions
15.1. These instruments should be fully paid-up, unsecured and free of any restrictive
clauses.
15.2. HFCs should comply with the terms and conditions, if any, by SEBI / other
regulatory authorities in regard to issue of the instruments.
16. Reporting Requirements
HFCs issuing these instruments shall submit a report to the NHB, giving details of the
debt raised, including the terms of issue together with the copy of the offer document
soon after the issue is completed.
17. Grant of advances against such Tier II Instruments
HFCs should not grant advances against the security of such Tier II instruments issued
by them.
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Annex III
Schedule to the Balance Sheet of an HFC
(₹ in crore)
Particulars
Liabilities side Amount Amount
outstanding overdue
(1) Loans and advances availed by the HFC
inclusive of interest accrued thereon but not
paid:
(a) Debentures : Secured
: Unsecured
(other than falling within the meaning of public deposits*)
(b) Deferred Credits
(c) Term Loans
(d) Inter-corporate loans and borrowing
(e) Commercial Paper
(f) Public Deposits*
(g) Other Loans (specify nature)
* Please see Note 1 below
(2) Break-up of (1)(f) above (Outstanding public
deposits inclusive of interest accrued thereon
but not paid):
(a) In the form of Unsecured debentures
(b) In the form of partly secured debentures i.e.
debentures where there is a shortfall in the
value of security
(c) Other public deposits
* Please see Note 1 below
Assets side Amount outstanding
(3) Break-up of Loans and Advances including bills
receivables [other than those included in (4)
below]:
(a) Secured
(b) Unsecured
(4) Break up of Leased Assets and stock on hire
and other assets counting towards asset
financing activities
(i) Lease assets including lease rentals under
sundry debtors
(a) Financial lease
(b) Operating lease
(ii) Stock on hire including hire charges under
sundry debtors
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(a) Assets on hire
(b) Repossessed Assets
(iii) Other loans counting towards asset financing
activities
(a) Loans where assets have been
repossessed
(b) Loans other than (a) above
(5) Break-up of Investments
Current Investments
1. Quoted
(i) Shares
(a) Equity
(b) Preference
(ii) Debentures and Bonds
(iii) Units of mutual funds
(iv) Government Securities
(v) Others (please specify)
2. Unquoted
(i) Shares
(a) Equity
(b) Preference
(ii) Debentures and Bonds
(iii) Units of mutual funds
(iv) Government Securities
(v) Others (please specify)
Long Term investments
1. Quoted
(i) Share
(a) Equity
(b) Preference
(ii) Debentures and Bonds
(iii) Units of mutual funds
(iv) Government Securities
(v) Others (please specify)
2. Unquoted
(i) Shares
(a) Equity
(b) Preference
(ii) Debentures and Bonds
(iii) Units of mutual funds
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(iv) Government Securities
(v) Others (please specify)
(6) Borrower group-wise classification of assets financed as in (3) and (4) above:
(Please see Note 2 below) Amount net of provisions
Category Secured Unsecured Total
1. Related Parties **
(a) Subsidiaries
(b) Companies in the same group
(c) Other related parties
2. Other than related parties
Total
(7) Investor group-wise classification of all investments (current and long term) in
shares and securities (both quoted and unquoted) :
(Please see Note 3 below)
Category Market Value / Book Value (Net
Break up or fair of Provisions)
value or NAV
1. Related Parties **
(a) Subsidiaries
(b) Companies in the same group
(c) Other related parties
2. Other than related parties
Total
** As per notified Accounting Standard (Please see Note 3)
(8) Other information
Particulars Amount
(i) Gross Non-Performing Assets
(a) Related parties
(b) Other than related parties
(ii) Net Non-Performing Assets
(a) Related parties
(b) Other than related parties
(iii) Assets acquired in satisfaction of debt
Notes:
1. As defined in Paragraph 4.1.30 of these Directions.
2. Provisioning norms shall be applicable as prescribed in these Directions.
3. All notified Accounting Standards are applicable including for valuation of investments and
other assets as also assets acquired in satisfaction of debt. However, market value in respect
of quoted investments and break up / fair value / NAV in respect of unquoted investments
shall be disclosed irrespective of whether they are classified as long term or current in (5)
above.
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Annex IV
Indicative list of Balance Sheet Disclosure for HFCs
1. Minimum Disclosures
At a minimum, the items listed in this Annex should be disclosed in the Notes to
Accounts (NTA) by all HFCs. The disclosures listed are intended only to supplement,
and not to replace, other disclosure requirements as applicable.
Note: HFCs should note that all the disclosures as specified under this annexure shall
be necessarily and suitably made by the HFCs and none of them should be omitted
based on the ground of its being not applicable in a particular case.
2. Summary of Significant Accounting Policies
HFCs should disclose the accounting policies regarding key areas of operations at
one place along with NTA in their financial statements. A suggestive list includes –
Basis of Accounting, Transactions involving Foreign Exchange, Investments -
Classification, Valuation, etc. Advances and Provisions thereon, Fixed Assets and
Depreciation, Revenue Recognition, Employee Benefits, Provision for Taxation, Net
Profit, etc.
3. Disclosures:
3.1. Capital Current Year [₹ in crore]
Particulars Previous
Year
(i) CRAR (%)
(ii) CRAR – Tier I Capital (%)
(iii) CRAR – Tier II Capital (%)
(iv) Amount of subordinated debt raised as Tier- II Capital
(v) Amount raised by issue of Perpetual Debt Instruments
3.2. Reserve Fund u/s 29C of NHB Act, 1987
Particulars Current [₹ in crore]
Year
Balance at the beginning of the year Previous
a) Statutory Reserve u/s 29C of the National Housing Bank Act, 1987 Year
b) Amount of special reserve u/s 36(1)(viii) of Income Tax Act, 1961
taken into account for the purposes of Statutory Reserve under
Section 29C of the NHB Act, 1987
c) Total
Addition/ Appropriation/ Withdrawal during the year
Add:
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a) Amount transferred u/s 29C of the NHB Act, 1987
b) Amount of special reserve u/s 36(1)(viii) of Income Tax Act, 1961
taken into account for the purposes of Statutory Reserve under
Section 29C of the NHB Act, 1987
Less:
a) Amount appropriated from the Statutory Reserve u/s 29C of the
NHB Act, 1987
b) Amount withdrawn from the special reserve u/s 36(1)(viii) of
Income Tax Act, 1961 taken into account which has been taken into
account for the purpose of provision u/s 29C of the NHB Act, 1987
Balance at the end of the year
a) Statutory Reserve u/s 29C of the National Housing Bank Act, 1987
b) Amount of special reserve u/s 36(1)(viii) of Income Tax Act, 1961
taken into account for the purposes of Statutory Reserve under
Section 29C of the NHB Act, 1987
c) Total
3.3. Investment
Particulars Current [₹ in crore]
Year
3.3.1. Value of Investments Previous
(i) Gross value of investments Year
(a) In India [₹ in crore]
(b) Outside India
(ii) Provisions for Depreciation Previous
(a) In India Year
(b) Outside India
(iii) Net value of investments
(a) In India
(b) Outside India
3.3.2. Movement of provisions held towards depreciation
on investments
(i) Opening balance
(ii) Add: Provisions made during the year
(iii) Less: Write-off / Written-bank of excess provisions during
the year
(iv) Closing balance
3.4. Derivatives
3.4.1. Forward Rate Agreement (FRA)/ Interest Rate Swap
Particulars Current
Year
(i) The notional principal of swap agreements
(ii) Losses which would be incurred if counterparties failed to
fulfil their obligations under the agreements
(iii) Collateral required by the HFC upon entering into swaps
(iv) Concentration of credit risk arising from the swaps $
(v) The fair value of the swap book @
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Note: Nature and terms of the swaps including information on credit and market risk and the
accounting policies adopted for recording the swaps should also be disclosed.
$ Examples of concentration could be exposures to particular industries or swaps with highly
geared companies.
@ If the swaps are linked to specific assets, liabilities, or commitments, the fair value would be
the estimated amount that the HFC would receive or pay to terminate the swap agreements as
on the balance sheet date
3.4.2. Exchange Traded Interest Rate (IR) Derivative [₹ in crore]
Particulars
Amount
(i) Notional principal amount of exchange traded IR derivatives undertaken during the
year (instrument wise)
(a)
(b)
(c)
(ii) Notional principal amount of exchange traded IR derivatives outstanding as on
31st March …. (instrument wise)
(a)
(b)
(c)
(iii) Notional principal amount of exchange traded IR derivatives outstanding and not
“highly effective” (instrument wise)
(a)
(b)
(c)
(i) Mark-to-market value of exchange traded IR derivatives outstanding and not
“highly effective” (instrument wise)
(a)
(b)
(c)
3.4.3. Disclosures on Risk Exposure in Derivatives
A. Qualitative Disclosure
HFCs shall describe their risk management policies pertaining to derivatives with
particular reference to the extent to which derivatives are used, the associated risks
and business purposes served. The discussion shall also include:
a) the structure and organization for management of risk in derivatives trading,
b) the scope and nature of risk measurement, risk reporting and risk monitoring
systems,
c) policies for hedging and / or mitigating risk and strategies and processes for
monitoring the continuing effectiveness of hedges / mitigants, and
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d) accounting policy for recording hedge and non-hedge transactions; recognition
of income, premiums and discounts; valuation of outstanding contracts;
provisioning, collateral and credit risk mitigation.
B. Quantitative Disclosure Currency [₹ in crore]
Derivatives
Particulars Interest Rate
Derivatives
(i) Derivatives (Notional Principal Amount)
(ii) Marked to Market Positions
(a) Assets (+)
(b) Liability (-)
(iii) Credit Exposure
(iv) Unhedged Exposures
3.5. Securitisation
3.5.1. The NTA of the originating HFC should indicate the outstanding amount of
securitised assets as per books of the SPVs sponsored by the HFC and total amount
of exposures retained by the HFC as on the date of balance sheet towards the
Minimum Retention Requirements (MRR). These figures should be based on the
information duly certified by the SPV's auditors obtained by the originating HFC from
the SPV. These disclosures should be made in the format given below.
Note: It is clarified that disclosure relating to all the securitisation transactions entered
into by the HFC and outstanding as of March 31st should be made by the HFC.
[₹ in crore]
Particulars No./
Amount
1 No of SPVs sponsored by the HFC for securitisation transactions*
2 Total amount of securitised assets as per books of the SPVs sponsored
3 Total amount of exposures retained by the HFC towards the MRR as on the
date of balance sheet
(I) Off-balance sheet exposures towards Credit Enhancements
a)
b)
(II) On-balance sheet exposures towards Credit Enhancements
a)
b)
4 Amount of exposures to securitisation transactions other than MRR
(I) Off-balance sheet exposures towards Credit Enhancements
a) Exposure to own securitizations
i.)
ii.)
b) Exposure to third party securitisations
i.)
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ii.)
(II) On-balance sheet exposures towards Credit Enhancements
a) Exposure to own securitisations
i.)
ii.)
b) Exposure to third party securitisations
i.)
ii.)
*Only the SPVs relating to outstanding securitisation transactions may be reported here
3.5.2. Details of Financial Assets sold to Securitisation/ Reconstruction
Company for Asset Reconstruction
[₹ in crore]
Particulars Current Previous
Year Year
(i) No. of accounts
(ii) Aggregate value (net of provision) of accounts sold to SC/RC
(iii) Aggregate consideration
(iv) Additional consideration realized in respect of accounts
transferred in earlier years
(v) Aggregate gain / loss over net book value
3.5.3. Details of Assignment transactions undertaken by HFCs
Particulars Current [₹ in crore]
Year
(i) No. of accounts Previous
(ii) Aggregate value (net of provisions) of accounts assigned Year
(iii) Aggregate consideration
(iv) Additional consideration realized in respect of accounts
transferred in earlier years
(v) Aggregate gain / loss over net book value
3.5.4. Details of non-performing financial assets purchased / sold
HFCs which purchase non-performing financial assets from other HFCs shall be
required to make the following disclosures in the NTA to their Balance sheets:
A. Details of non-performing financial assets purchased:
Particulars Current [₹ in crore]
Year
1. (a) No. of accounts purchased during the year Previous
(b) Aggregate outstanding Year
2. (a) Of these, number of accounts restructured during the year
(b) Aggregate outstanding
B. Details of Non-Performing Financial Assets sold:
Particulars Current Year [₹ in crore]
1. No. of accounts sold
2. Aggregate outstanding Previous Year
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3. Aggregate consideration received
3.6. Assets Liability Management (Maturity pattern of certain items of Assets and
Liabilities)
[₹ in crore]
Particulars 1 8 to 15 Over Over 2 Over 3 Over 6 Over Over Over
day 14 days one months months months 1 3
Liabilities to days to month upto 3 to 6 to 1 year to 5 Total
Deposits 7 30/31 upto 2 months months year to 3 5
Borrowings days days months years years years
from banks
Market
Borrowings
Foreign
Currency
Liabilities
Assets
Advances
Investments
Foreign
Currency
Assets
3.7. Exposure
3.7.1. Exposure to Real Estate Sector
[₹ in crore]
Category Current Previous
Year Year
a) Direct Exposure
(i) Residential Mortgages -
Lending fully secured by mortgages on residential property
that is or will be occupied by the borrower or that is rented
(ii) Commercial Real Estate -
Lending secured by mortgages on commercial real estates
(office buildings, retail space, multi-purpose commercial
premises, multi-family residential buildings, multi-tenanted
commercial premises, industrial or warehouse space, hotels,
land acquisition, development and construction, etc.).
Exposure shall also include non-fund based limits
(iii) Investments in Mortgage Backed Securities (MBS) and
other securitised exposures -
a. Residential
b. Commercial Real Estate
b) Indirect Exposure
Fund based and non-fund based exposure on NHB and HFCs
Total Exposure to Real Estate Sector
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3.7.2. Exposure to Capital Market
[₹ in crore]
Particulars Current Previous
Year Year
(i) Direct investment in equity shares, convertible bonds, convertible
debentures and units of equity-oriented mutual funds the corpus
of which is not exclusively invested in corporate debt
(ii) Advances against shares / bonds / debentures or other securities
or on clean basis to individuals for investment in shares (including
IPOs / ESOPs), convertible bonds, convertible debentures, and
units of equity-oriented mutual funds
(iii) Advances for any other purposes where shares or convertible
bonds or convertible debentures or units of equity oriented mutual
funds are taken as primary security
(iv) Advances for any other purposes to the extent secured by the
collateral security of shares or convertible bonds or convertible
debentures or units of equity oriented mutual funds i.e. where the
primary security other than shares / convertible bonds / convertible
debentures / units of equity oriented mutual funds 'does not fully
cover the advances
(v) Secured and unsecured advances to stockbrokers and
guarantees issued on behalf of stockbrokers and market makers
(vi) Loans sanctioned to corporates against the security of shares /
bonds / debentures or other securities or on clean basis for
meeting promoter's contribution to the equity of new companies in
anticipation of raising resources
(vii) Bridge loans to companies against expected equity flows / issues
(viii) All exposures to Venture Capital Funds/Alternate Investment
Funds (both registered and unregistered)
Total Exposure to Capital Market
Note: It is clarified that the computation of exposure to the capital markets should be
done by HFCs in accordance with the provisions of Paragraph 23.2.2 of these
directions.
3.7.3. Details of financing of parent company products
3.7.4. Details of Single Borrower Limit (SGL)/ Group Borrower Limit (GBL)
exceeded by the HFC
The HFC should make appropriate disclosure in the notes to account to the
annual financial statements in respect of the exposures where the HFC had
exceeded the prudential exposure limits during the year. The sanctioned limit or
entire outstanding, whichever is high, shall be reckoned for exposure limit.
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3.7.5. Unsecured Advances
a. For determining the amount of unsecured advances, the rights, licenses,
authorisations, etc., charged to the HFCs as collateral in respect of projects
(including infrastructure projects) financed by them, should not be reckoned as
tangible security. Hence such advances shall be reckoned as unsecured.
b. HFCs should also disclose the total amount of advances for which intangible
securities such as charge over the rights, licenses, authority, etc. has been taken
as also the estimated value of such intangible collateral. The disclosure may be
made under a separate head in NTA. This would differentiate such loans from other
entirely unsecured loans.
3.7.6. Exposure to group companies engaged in real estate business (refer to
Paragraph 21 of these directions)
S.No. Description Amount (₹ in crore) [₹ in crore]
(i) Exposure to any single entity in a
group engaged in real estate business % of owned fund
(ii) Exposure to all entities in a group
engaged in real estate business
4. Miscellaneous
4.1. Registration obtained from other financial sector regulators
4.2. Disclosure of Penalties imposed by NHB/ RBI and other regulators
Consistent with the international best practices in disclosure of penalties imposed
by the regulators, placing the details of the levy of penalty on the HFC in public
domain will be in the interests of the investors and depositors. Further, strictures
or directions on the basis of inspection reports or other adverse findings should
also be placed in the public domain. The penalties should also be disclosed in the
NTA.
4.3. Related Party Transactions
4.3.1. Details of all material transactions with related parties shall be disclosed in the
annual report.
4.3.2. The company shall disclose the policy on dealing with Related Party
Transactions on its website and also in the Annual Report.
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4.4. Group Structure
Diagrammatic representation of group structure shall be disclosed.
4.5. Rating assigned by Credit Rating Agencies and migration of rating during
the year
4.6. Remuneration of Directors
All pecuniary relationship or transactions of the non-executive directors vis-à-vis
the company shall be disclosed in the Annual Report.
4.7. Management
As part of the directors’ report or as an addition thereto, a Management Discussion
and Analysis report should form part of the Annual Report to the shareholders. This
Management Discussion & Analysis should include discussion on the following
matters within the limits set by the company’s competitive position:
a. Industry structure and developments.
b. Opportunities and Threats.
c. Segment–wise or product-wise performance.
d. Outlook.
e. Risks and concerns.
f. Internal control systems and their adequacy.
g. Discussion on financial performance with respect to operations.
h. Material developments in Human Resources / Industrial Relations front,
including number of people employed.
4.8. Net Profit or Loss for the period, prior period items and changes in
accounting policies
Since the format of the profit and loss account of HFCs does not specifically
provide for disclosure of the impact of prior period items on the current year's profit
and loss, such disclosures, wherever warranted, may be made in the NTA.
4.9. Revenue Recognition
An enterprise should also disclose the circumstances in which revenue recognition
has been postponed pending the resolution of significant uncertainties.
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4.10. Consolidated Financial Statements (CFS)
HFCs may be guided by notified Accounting Standards in this regard. A parent
company, presenting the CFS, should consolidate the financial statements of all
subsidiaries - domestic as well as foreign. The reasons for not consolidating a
subsidiary should be disclosed in the CFS. The responsibility of determining
whether a particular entity should be included or not for consolidation would be that
of the Management of the parent entity. In case, its Statutory Auditors are of the
opinion that an entity, which ought to have been consolidated, has been omitted,
they should incorporate their comments in this regard in the "Auditors Report".
5. Additional Disclosures
5.1. Provisions and Contingencies
To facilitate easy reading of the financial statements and to make the information
on all Provisions and Contingencies available at one place, HFCs are required to
disclose in the NTA the following information:
[₹ in crore]
Break up of 'Provisions and Contingencies' shown under the head Current Previous
Expenditure in Profit and Loss Account Year Year
Provisions for depreciation on Investment
Provision towards NPA
Provision made towards Income tax
Other Provision and Contingencies (with details)
Provision for Standard Assets (with details like teaser loan, CRE, CRE-RH
etc.)
[₹ in crore]
Break up of Loans & Advances & Housing Non-Housing
Provisions thereon
Current Previous Current Previous
Standard Assets
a) Total Outstanding Amount year year year year
b) Provisions made
Sub- Standard Assets
a) Total Outstanding Amount
b) Provisions made
Doubtful Assets – Category I
a) Total Outstanding Amount
b) Provisions made
Doubtful Assets – Category II
a) Total Outstanding Amount
b) Provisions made
Doubtful Assets – Category III
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a) Total Outstanding Amount
b) Provisions made
Loss Assets
a) Total Outstanding Amount
b) Provisions made
Total
a) Total Outstanding Amount
b) Provisions made
Note:
a. The Total Outstanding Amount mean Principal + accrued interest + other charges
pertaining to loans without netting off.
b. The category of Doubtful Assets will be as under:
Period for which the assets has been considered Doubtful Category
Upto one year: Category - I
One to three years: Category - II
More than three years : Category - III
5.2. Draw Down from Reserves
Suitable disclosures are to be made regarding any draw down of reserves in the
NTA.
5.3. Concentration of Public Deposits, Advances, Exposures and NPAs
5.3.1. Concentration of Public Deposits (for Public Deposit taking/ holding
HFCs)
[₹ in crore]
Particulars Current Previous
Year Year
Total deposits of twenty largest depositors
Percentage of deposits of twenty largest depositors to total deposits of
the deposit taking HFC
5.3.2. Concentration of Loans & Advances
Particulars Current [₹ in crore]
Year
Total loans & advances to twenty largest borrowers Previous
Percentage of loans & advances to twenty largest borrowers to total Year
advances of the HFC
5.3.3. Concentration of all Exposure (including off-balance sheet exposure)
[₹ in crore]
Particulars Current Previous
Year Year
Total exposure to twenty largest borrowers/ customers
Percentage of exposures to twenty largest borrowers/ customers to total
exposure of the HFC on borrowers/ customers
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5.3.4. Concentration of NPAs Current [₹ in crore]
Year
Particulars Previous
Total exposure to top ten NPA accounts Year
5.3.5. Sector-wise NPAs
Sr. No. Sector Percentage of NPAs to Total
Advances in that sector
A. Housing Loans
1. Individuals
2. Builders/Project loans
3. Corporates
4. Others (specify)
B. Non- Housing Loans
1. Individuals
2. Builders/Project loans
3. Corporates
4. Others (specify)
5.4. Movement of NPAs
[₹ in crore]
Particulars Current Year Previous Year
(i) Net NPAs to Net Advances (%)
(ii) Movement of NPAs (Gross)
(a) Opening balance
(b) Additions during the year
(c) Reductions during the year
(d) Closing balance
(iii) Movement of Net NPAs
(a) Opening balance
(b) Additions during the year
(c) Reductions during the year
(d) Closing balance
(iv) Movement of provisions for NPAs (excluding provisions on standard assets)
(a) Opening balance
(b) Provisions made during the year
(c) Write-off / write-back of excess provisions
(d) Closing balance
5.5. Overseas Assets Current [₹ in crore]
Particulars Year
Previous
Year
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5.6. Off-balance Sheet SPVs sponsored
(which are required to be consolidated as per accounting norms)
Name of the SPV sponsored Overseas
Domestic
6. Disclosure of Complaints
6.1. Customer Complaints
Particulars Current Previous
(a) No. of complaints pending at the beginning of the year Year Year
(b) No. of complaints received during the year
(c) No. of complaints redressed during the year
(d) No. of complaints pending at the end of the year
Note: It is clarified that the HFCs may be guided by the definition of ‘customer’ as given
in the Guidelines on ‘‘Know Your Customer & Anti Money Laundering Measures” issued
by DBR
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Annex V
A copy of the ‘Trust Deed’ proforma containing the details and the ‘Trustee
Guidelines’
Annex V (A)
A copy of the ‘Trust Deed’ proforma
This Trust Deed is made at ………………………. this ………. day ……… 20…. between
…………………..Company Ltd. incorporated under the Companies Act, 1956 or
Companies Act, 2013 having its registered office at ………………… ………………….
(hereinafter referred to as "The Company") of the One Part, and
………………………………. Company Ltd. incorporated under the Companies Act, 1956/
Companies Act, 2013/ ………………………Bank constituted/ incorporated under
the…………………………………………… Act, and having its registered/ Head office at
…………. ………………………….. the trustees (hereinafter referred to as "The Trustees")
of the Other Part.
Whereas by its Articles of Association, the Company is authorized to borrow, or raise
money, inter alia, by accepting deposits and secure the payment of money.
And whereas the Board of Directors of the Company being duly empowered by the
Articles of Association of the Company have decided by a resolution passed in the
meeting of the Board held on the …………….. day of ………. 20.... to raise deposits from
the public under various schemes;
And whereas per the instructions of the Reserve Bank of India, the Company has to create
a charge of the Depositors on (a) the securities purchased by it by investing the amount
specified by the Reserve Bank of India in terms of and in accordance with sub-section (1)
of Section 29B of the National Housing Bank Act, 1987 or by notifications issued by the
Reserve Bank of India thereunder from time to time and on (b) the deposits made or
bonds subscribed as specified by the in terms of and in accordance with sub-section (2)
of Section 29B of the National Housing Bank Act, 1987 or by notifications issued by the
Reserve Bank of India thereunder from time to time (hereinafter referred to as “the
Securities”);
And whereas the Company proposes to create charge of the Depositors on the securities;
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And whereas the said Trustees mentioned above have consented to act as Trustee of the
Depositors by its resolution dated ……… passed by its Board of Directors.
NOW THIS DEED WITNESSETH AND IT IS HEREBY MUTUALLY AGREED TO AND
DECLARED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
1. Unless there be something in the subject or context inconsistent therewith, the following
expressions shall have the meaning hereinafter mentioned that is to say:
a) "The Company" means M/s………………….. Company Ltd.
b) "The Trustees" means ………………….. Company Ltd., incorporated under the
Companies Act, 1956/ Companies Act, 2013/ …………… Bank constituted/
incorporated under the …………Act, and having its registered/ head Office at
……………………….. .
c) "Deposits" means a deposit accepted by the Company for the time being
outstanding and entitled to the benefits of these presents.
d) "Depositors" means any person who made a deposit with the housing finance
company or an heir legal representative, administrator or assignee of the depositor
as defined in these directions.
e) "Charged Securities" means (i) the securities purchased by the Company by
investing the amount specified by the Reserve Bank of India (in approved securities
and/ or in account in demat securities deposited with M/s, the Depository and in
physical form) in terms of and in accordance with sub-section (1) of Section 29B of
the National Housing Bank, Act 1987 or by notifications issued by the Reserve Bank
of India thereunder from time to time and on (ii) the deposits made and the bonds
issued by the National Housing Bank subscribed by the Company in terms of and in
accordance with sub-sections (1) and (2) of Section 29B of the National Housing
Bank Act, 1987 or by notifications issued by the Reserve Bank of India thereunder
from time to time.
f) "Act" means the Companies Act, 1956 or the Companies Act, 2013 and any
modification or re-enactment thereof.
g) "Specified bankers" means the banks in which the Company keeps the charged
Securities and any part thereof, an intimation to which will be given to the Trustees
and the National Housing Bank.
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The words denoting the singular include the plural and vice-versa, unless the contrary
appears from the context.
2. The deposits entitled to the benefit of these presents shall consist of total amount
already deposited by the Depositors outstanding with the Company and to be deposited
in future to rank pari passu without preference or priority by reason of the date of deposits
or otherwise and secured by the charge hereby created on securities.
3. The Company hereby covenants with the Trustees that the Company on the maturity
of the deposits (the maturity of these deposits will take place after the completion of the
maturity period of the respective deposits) or such earlier days as amounts shall become
payable, will pay the depositors the amount of deposits including interest thereon as and
when it becomes due and payable.
4. All payments due by the Company in respect of the deposits whether of interest or
principal shall be made by cheque/ warrant/ DD/ pay order by the Company and the
Company shall make at its own expenses all arrangements for the smooth payment of
the principal as well as the interest amount on the said deposits.
5. In consideration of the deposits outstanding on the date of this Trust Deed and the
deposits to be collected in future, the Company hereby create charge in favour of the
Trustees on all (a) the securities purchased by it by investing the amount specified by the
Reserve Bank of India in terms of and in accordance with sub-section (1) of Section 29B
of the National Housing Bank, Act 1987 or by notifications issued by the Reserve Bank of
India thereunder from time to time and on (b) the deposits made or bonds subscribed by
it by depositing the amount or subscribing to the bonds by a sum specified by the Reserve
Bank of India in terms of and in accordance with sub-sections (2) of Section 29B of the
National Housing Bank Act, 1987 or by notifications issued by the Reserve Bank of India
thereunder from time to time amounting to ₹…………… (Rupees only) existing as well as
the securities to be purchased by the Company in future under the provisions of section
29B of the National Housing Bank Act, 1987 for the benefit of depositors for the amounts
due and all other charges, expenses and other dues, the payment of which has been
secured by a charge on the Securities under these presents and the charge as created
has been as the floating charge. The Trustees may at any time, by notice in writing to the
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Company, convert the said floating charge into a fixed charge and get it registered as
legal charge in case the Trustees are of the opinion that the said Securities are in danger
of being seized or sold under any sort of distress or execution levelled or threatened or in
any other case.
6. The Company hereby undertakes that after the execution of these presents, it shall
register the charge hereby created, with the Registrar of Companies under section 125
of the Companies Act, 1956 or the corresponding provision of Companies Act, 2013 and
furnish the information of the registration of the charge to the Trustees and the National
Housing Bank. The Company shall also register the Trustee's lien on the Securities with
the concerned bank/ depository or any other authority and will advise the Trustees and
National Housing Bank about the same.
7. The Company shall hold all the charged Securities until the security hereby constituted
shall become enforceable under the terms of these presents in which case the Trustees
may in their discretion as next hereinafter mentioned or shall upon the request in writing
of the 90% depositors by value take possession of the charged securities or any of them
and may in the like discretion and shall sell, call in, collect and convert into money the
same or any part thereof with full power to sell any of the said securities either together
or in parcels, and either for a lump sum or for a sum payable by instalments or for a sum
on account and a mortgage or charge for the balance and with full power sale to make
any special or other stipulations as to title or evidence or commencement of the title, or
otherwise, which the Trustees shall deem proper and with full powers to modify or rescind
or vary any contract for sale of the said securities or any part thereof and to re-sell the
same without being responsible for any loss which may be occasioned thereby and with
full power to compromise and effect compositions and for the purposes aforesaid or any
of them to execute and do all such assurances and things as they think fit. If however,
any of the charged securities has matured and become due and payable during the
continuance of these presents, the Company shall be entitled to receive and appropriate
the payments of such charged security subject to the Company making investment of
and/ or depositing the amount of the shortfall in liquid assets arising out of redemption of
such a charged security, if any, forthwith and shall always maintain liquid assets as
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prescribed under Section 29(B) of the National Housing Bank Act, 1987 or notifications
that may be issued by the Reserve Bank of India from time to time.
8. The amounts due to the depositors under this indenture shall become immediately
payable and the security hereby constituted shall become enforceable within the meaning
of these presents in each and any of the following events:
a) If the Company makes default in ensuring the full cover for public deposits as
stipulated in Chapter VII of these directions.
b) If the Company without the consent of the depositors ceases to carry on its business
or indicates its intentions to do so.
c) If an order has been passed by the Court of competent jurisdiction or a special
resolution has been passed by the members of the Company for winding up of the
Company.
d) If the Company makes defaults in complying with the orders passed by Company
Law Board or any other authority constituted under the Companies Act, 1956 or the
Companies Act, 2013 directing the Company to pay the amount to the depositors.
e) If in the opinion of the Trustees, the security of the depositors is in jeopardy.
9. As soon as the amount shall become payable and the security enforceable under the
preceding clause 8 (and unless the time for payment and the security to be enforced has
been expressly extended by the depositors by a resolution passed with simple majority),
the Trustees shall forthwith take steps to realize the charged securities and distribute the
amount to the depositors on pro rata basis.
10. Until the happening of any of the events mentioned in clauses No. 8 & 9 of this
Indenture, the Trustees shall not in any manner interfere with the management of affairs
of the said business except to the extent he may consider necessary for the preservation
of the charged securities or any part thereof or ensuring the full cover for deposits as
indicated in Clause 8 (a) of these presents.
11. The Trustees shall apply the proceeds of such sale or other mode of realization in the
following manner, that is to say, that the Trustees shall pay:
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a) In the first place all costs, charges and expenses in or about such sale or the
performance or execution of trust or otherwise in relation to these presents or
otherwise in respect of the security, including the remuneration of the trustee, if any.
b) Secondly, the amount then due and owing to the depositors.
c) And lastly, the surplus, if any, to the Company or its assignee.
Provided that if the said money shall be insufficient to pay all such amounts in full, then
the said amounts shall be paid rateably and without preference or priority among all
depositors according to the amount due in respect of the deposits held by them.
12. When all the amount secured by these presents been paid and satisfied, the Trustees
shall forthwith upon the request and at the cost of the Company and on being paid all the
costs, charges and expenses properly incurred by the said Trustees in relation to the
security, re-convey, reassign, release and surrender the charged securities or so much
of the same as shall not have been sold or disposed of to the Company or its assigns.
13. The Company hereby covenants with the Trustees:
a) That the moneys secured by this deed shall be free of encumbrances at all time.
b) That the Company shall keep the said charged securities and any part thereof with
the specified bankers.
c) That the Trustees will have a right to verify the charged securities at any time and
the Company will give its full co-operation to the Trustees in this regard.
d) The Company shall furnish the details of Statutory Liquid Assets to the Trustees.
14. The Company shall pay to the Trustees all legal, travelling and other costs, charges
and expenses incurred by them in connection with execution of trust of these presents
including costs, charges and expenses of and incidental to the approval and execution of
these presents and all other documents affecting the security herein and will indemnify
them against all actions, proceedings, costs, charges, expenses, claims and demands
whatsoever which may arise or be brought or made against or incurred by him in respect
of any matter or thing done or permitted to be done without their wilful default in respect
of or in relation to the charged securities.
15. The Trustees of the depositors will execute and exercise all or any of the trusts power,
authorities and discretion so vested in them by these presents in a judicious and fair
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manner and will not be held responsible except for the breach of trust knowingly and
intentionally committed by them.
16. In the event of winding up of the Trustees, another Trustee will be appointed having
all the powers, authorities as stated under these presents and such appointment will be
made by the Board of Directors of the Company.
17. The Trustees may by agreement with the directors of the Company modify the terms
of this deed in any manner that may be necessary to meet any requirement or
contingency, provided that the Trustees are satisfied that such modifications are in the
interest of the depositors.
18. The Company hereby covenants with the Trustees that Company will at all times
during the continuance of the security carry on and conduct its business in proper and
efficient manner with due diligence and efficiency and will take all possible steps to keep
the charged securities intact and will keep proper books of account as required under the
Act and give all information to the said Trustees in relation to discharge of his duties under
these presents.
19. The Company hereby further covenants with the Trustees that the Company shall
duly perform and observe the obligations, hereby imposed upon it by this Trust.
IN WITNESS WHEREOF THE COMPANY has caused its common seal to be affixed to
these presents and the Trustees have hereto set their hands the day and year above
written.
Witnesses
Common Seal of the Company affixed in the presence of (Director)
(Director)
(Trustee) (Trustee)
[Note: Till the time Reserve Bank of India issues fresh directions on Liquid Assets, directions/ instructions issued via
Gazette Notification No.NHB.HFC.LA-2/MD&CEO/2019 No. 183 dated June 03, 2019 by the National Housing Bank
will continue to apply]
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Annex V (B)
Liquid Assets (Housing Finance Companies) Trustees Guidelines
1. These Guidelines shall be called the Reserve Bank of India Guidelines for Trustees
of depositors of the deposit taking housing finance companies (HFC).
2. No company/ bank shall be entitled to act as a Trustee of depositors unless it is a
scheduled commercial bank or limited company engaged in trust business with
minimum capital of ₹50 lakh and who are independent and have no relationship with
the company, its principal shareholders or directors of the company.
3. The duties of every trustee of depositors will be
3.1. To execute the Trust Deed with the company for the protection of interest of the
depositors.
3.2. To do the duties of the trustees as enshrined in the Trust Deed executed with the
company.
3.3. To take possession of the property charged in accordance with the provisions of
the Trust Deed.
3.4. Enforce security in the interest of depositors.
3.5. To do such acts or as are necessary in the event the security becomes
enforceable.
3.6. To carry out such acts as are necessary for the protection of interest of the
depositors.
3.7. Ascertain and satisfy himself that the
3.7.1. The interest due on the deposits had been paid by the company on or before
the due dates.
3.7.2. The deposit holders had been paid the monies due to them on the date of
maturity of the deposit.
3.7.3. Exercise due diligence to ensure compliance by the Company of the
provisions of the Trust Deed.
3.7.4. To take appropriate measures for protecting the interest of the depositors, as
soon as any breach of the Trust Deed comes to the notice.
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3.7.5. To inform the NHB as soon as any breach of the Trust Deed comes to his
notice.
3.7.6. To communicate with the NHB, on half yearly basis the compliance of Trust
Deed by the company, defaults if any in payment of interest to the depositors
and action taken.
4. The trustees for the depositors shall call or cause to be called by the company a
meeting of all depositors.
4.1. On a requisition in writing signed by at least 51% of the depositors in value for the
time being outstanding.
4.2. The happening of any event which constitute a default for which in the opinion of
the trustees the security of the depositors is in jeopardy.
A report of such meeting may be forwarded to the NHB.
5. The trustee may inspect books of account, records, register of the company and the
trust property to the extent necessary for discharging his obligations with prior
intimation to the NHB.
6. The trustees for depositors shall not make untrue statement or suppress any material
in any documents, reports, papers or information furnished to the Reserve Bank of
India/ National Housing Bank.
7. The trustee for depositors shall ensure that the NHB is promptly informed about any
action, legal proceedings etc. initiated against him in respect of any material breach
or non-compliance by it, of any law, rules directions of the Reserve Bank of India/
National Housing Bank or of any other regulatory authority.
8. The trustee for depositors shall not delegate any of his functions to any employee or
agent. However, the trustee may employ employees, agents, Advocates or any other
professional for any routine or clerical functions. In case the trustee employs any
employee, he will be responsible for his/ their acts or omissions in respect of the
conduct of his/ their business.
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Annex VI
Information about the Proposed Promoters/ Directors/ Shareholders of the
Company
Annex-VI (a)
INFORMATION ABOUT THE PROPOSED PROMOTERS/ DIRECTORS/ SHAREHOLDERS
OF THE COMPANY
Sr. Particulars Required Response
no.
1. Name
2. Designation Chairman/ Managing Director/
Director/ Chief Executive Officer
3. Nationality
4. Age (to be substantiated with date of birth)
5. Business Address
6. Residential Address
7. E-mail address/ Telephone number
8. PAN under Income Tax Act
9. Director Identification Number (DIN)
10. Social security number/ Passport No.*
11. Educational/ professional qualifications
12. Professional Achievement relevant to the job
13. Line of business or vocation
14. Any other information relevant to the company
15. Name/s of other companies in which the person has
held the post of Chairman/ Managing Director/
Director/ Chief Executive Officer
16. Name/s of the regulators (RBI, SEBI, IRDA, PFRDA,
NHB or any other foreign regulator) of the entities
mentioned in which the persons hold directorships
17. Name/s of the HFCs, if any, with which the person is
associated as Promoter, Managing Director,
Chairman or Director, which has been prohibited from
accepting deposits/ prosecuted by NHB/RBI
18. Detail of prosecution, if any, pending or commenced
or resulting in conviction in the past against the person
and/or against any of the entities he is associated with
for violation of economic laws and regulations
19. Cases, if any, where the person or relatives of the
person or the companies in which the person is
associated with, are in default or have been in default
in the last 5 years in respect of credit facilities obtained
from any entity or bank
20. If the person is a member of a professional
association/ body, details of disciplinary action, if any,
pending or commenced or resulting in conviction in the
past against him/ her or whether he/ she has been
banned from entry of any professional occupation at
any time
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21. Whether the person attracts any of the disqualification
envisaged under Section 164 of the Companies Act,
2013?
22. Has the person or any of the companies, he/ she is
associated with, been subject to any investigation at
the instance of the Government Department or
Agency?
23. Has the person at any time been found guilty of
violations of rules/ regulations/ legislative
requirements by Customs/ Excise/ Income Tax/
Foreign Exchange/ Other Revenue Authorities? If so,
give particulars
24. Experience in the business of HFC (number of years)
25. Equity shareholding in the company
(i) No. of shares
(ii) Face value
(iii) Percentage to total paid-up equity share capital of the
company
26. Name/s of the companies, firms and proprietary
concerns in which the person holds substantial
interest
27. Names of the principal bankers to the concerns
at 26 above
28. Names of the overseas bankers *
29. Whether number of directorships held by the person
exceeds the limits prescribed under Section 165 of the
Companies Act, 2013
Signature:
Name:
Designation:
Company Seal:
* For foreign promoters/ directors/ shareholders
Note: Separate form shall be submitted in respect of each of the proposed promoters/ directors/
shareholders
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Annex-VI (b)
INFORMATION ABOUT CORPORATE PROMOTER
Sr. Particulars Required Response
no.
1. Name
2. Business Address
3. E-mail address/ Telephone number
4. PAN under Income Tax Act
5. Name and contact details of compliance officer
6. Line of business
7. The details of their major shareholders (more than
10%) and line of activity, if corporates
8. Names of the principal bankers/ overseas bankers*
9. Name/s of the regulators (RBI, SEBI, IRDA, PFRDA,
NHB or any other foreign regulator)
10. Name/s of company/ies in the Group as defined in the
Prudential Norms Directions
11. Name/s of the company/ies in the Group that are
HFCs
12. Specify the names of companies in the Group which
have been prohibited from accepting deposits/
prosecuted by NHB/RBI?
13. Detail of prosecution, if any, pending or commenced
or resulting in conviction in the past against the
corporate for violation of economic laws and
regulations
14. Cases, if any, where the corporate is in default or
have been in default in the last 5 years in respect of
credit facilities obtained from any entity or bank
15. Whether the corporate has been subject to any
investigation at the instance of the Government
Department or Agency?
16. Has the Corporate at any time been found guilty of
violations of rules/ regulations/ legislative
requirements by Customs/ Excise/ Income Tax/
Foreign Exchange/ Other Revenue Authorities? If so,
give particulars
17. Has the promoter corporate/ majority shareholder of
the promoter corporate, ever applied to NHB/RBI for
CoR which has been rejected?
Signature:
Date: Name:
Place: Designation
Company Seal:
* For foreign corporate
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Annex VII
‘Fit and Proper’ Criteria for Directors of HFCs
The importance of due diligence of Directors to ascertain suitability for the post by way of
qualifications, technical expertise, track record, integrity, etc. needs no emphasis for any
financial institution. While the Bank carries out due diligence on Directors before issuing
Certificate of Registration to HFC, it is necessary that HFCs put in place an internal
supervisory process on a continuing basis. Further, in order to streamline and bring in
uniformity in the process of due diligence, while appointing Directors, HFCs are advised
to ensure that the procedures mentioned below are followed and minimum criteria is
fulfilled by the persons before they are appointed on the Boards:
1. HFCs should undertake a process of due diligence to determine the suitability of the
person for appointment/ continuing to hold appointment as a Director on the Board,
based upon qualification, expertise, track record, integrity and other ‘fit and proper’
criteria. HFCs should obtain necessary information and declaration from the proposed/
existing Directors for the purpose in the format given at Annex VIII.
2. The process of due diligence should be undertaken by the HFCs at the time of
appointment/ renewal of appointment.
3. The Boards of the HFCs should constitute Nomination Committees to scrutinize the
declarations.
4. Based on the information provided in the signed declaration, Nomination Committees
should decide on the acceptance or otherwise of the Directors, where considered
necessary.
5. HFCs should obtain annually as on 31st March a simple declaration from the Directors
that the information already provided has not undergone change and where there is
any change, requisite details are furnished by them forthwith.
6. The Board of HFC must ensure in public interest that the nominated/ elected Directors
execute the Deeds of Covenants in the format given in Annex IX.
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Annex VIII
Declaration and Undertaking by Director
Name of HFC: _____________________________
Declaration and Undertaking by Director (with enclosures as appropriate as on
____________)
I. Personal details of Director
a. Full Name
b. Date of Birth
c. Education Qualifications
d. Relevant Background and Experience
e. Permanent Address
f. Present Address
g. E-mail Address/ Telephone Number
h. Director Identification Number
i. Permanent Account Number under the
Income Tax Act and name and address of
Income Tax Circle
j. Relevant knowledge and experience
k. Any other information relevant to
Directorship of the HFC
II. Relevant Relationship of Director
a. List of relatives, if any, who are connected
with the HFC (Refer Section 6 and Schedule
1A of the Companies Act, 1956 and
corresponding provisions of Companies Act,
2013).
b. List of entities, if any, in which he/she is
considered as being interested (Refer Section
299(3)(a) and Section 300 of the Companies
Act, 1956 and corresponding provisions of
Companies Act, 2013).
c. List of entities in which he/she is considered
as holding substantial interest as defined in
Master Direction Non-Banking Financial
Company – Housing Finance Company
(Reserve Bank of India) Directions, 2021.
d. Name of HFC in which he/she is or has
been a member of the Board (giving details of
period during which such office was held).
e. Fund and non-fund facilities, if any,
presently availed of by him/her and/or by
entities listed in II (b) and (c) above from the
HFC.
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f. Cases, if any, where the director or entities
listed in II (b) and (c) above are in default or
have been in default in the past in respect of
credit facilities obtained from the HFC or any
other HFC/ bank.
III. Records of professional achievements
a. Relevant professional achievements
IV. Proceedings, if any, against the Director
a. If the director is a member of a professional
association/body, details of disciplinary action,
if any, pending or commenced or resulting in
conviction in the past against him/her or
whether he/she has been banned from entry
into any profession/ occupation at any time.
b. Details of prosecution, if any, pending or
commenced or resulting in conviction in the
past against the director and/or against any of
the entities listed in II (b) and (c) above for
violation of economic laws and regulations.
c. Details of criminal prosecution, if any,
pending or commenced or resulting in
conviction in the last five years against the
director.
d. Whether the director attracts any of the
disqualifications envisaged under Section 274
of the Companies Act 1956 and corresponding
provisions of Companies Act, 2013?
e. Has the director or any of the entities at II
(b) and (c) above been subject to any
investigation at the instance of Government
department or agency?
f. Has the director at any time been found
guilty of violation of rules/ regulations/
legislative requirements by customs/ excise/
income tax/ foreign exchange / other revenue
authorities? If so, give particulars.
g. Whether the director has at any time come
to the adverse notice of a regulator such as
SEBI, IRDA, MCA, RBI, etc.
(Though it shall not be necessary for a
candidate to mention in the column about
orders and findings made by the regulators
which have been later on reversed/set
aside in toto, it would be necessary to
make a mention of the same, in case the
reversal/ setting aside is on technical
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reasons like limitation or lack of
jurisdiction, etc. and not on merit. If the
order of the regulator is temporarily stayed
and the appellate/ court proceedings are
pending, the same also should be
mentioned.)
V. Any other explanation/ information in regard to items I to III and other
information considered relevant for judging fit and proper
Undertaking
I confirm that the above information is to the best of my knowledge and belief true and
complete. I undertake to keep the HFC fully informed, as soon as possible, of all events
which take place subsequent to my appointment which are relevant to the information
provided above.
I also undertake to execute the Deed of Covenant required to be executed by all the
directors of the HFC.
Place: Signature
Date:
VI. Remarks of Chairman of Nomination Committee/ Board of Directors of HFC
Place: Signature
Date:
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Annex IX
Form of Deed of Covenants with a Director
THIS DEED OF COVENANTS is made on this ………. day of …………………. Two
Thousand……………………..BETWEEN …………………………………… having its
registered office at …………………………………………………….. (hereinafter called the
“HFC”) of the one part and Mr./Ms. ……………………… of ………………………………
(hereinafter called the “Director”) of the other part.
WHEREAS
A. The Director has been appointed as a director on the Board of Directors of the
HFC (hereinafter called "the Board") and is required as a term of his/ her
appointment to enter into a Deed of Covenants with the HFC.
B. The Director has agreed to enter into this Deed of Covenants, which has been
approved by the Board, pursuant to his said terms of appointment.
NOW IT IS HEREBY AGREED AND THIS DEED OF COVENANTS WITNESSETH AS
FOLLOWS:
1. The Director acknowledges that his / her appointment as director on the Board of the
HFC is subject to applicable laws and regulations including the Memorandum and Articles
of Association of the HFC and the provisions of this Deed of Covenants.
2. The Director covenants with the HFC that:
i) The Director shall disclose to the Board the nature of his/ her interest, direct or indirect,
if he/ she has any interest in or is concerned with a contract or arrangement or any
proposed contract or arrangement entered into or to be entered into between the HFC
and any other person, immediately upon becoming aware of the same or at meeting of
the Board at which the question of entering into such contract or arrangement is taken
into consideration or if the Director was not at the date of that meeting concerned or
interested in such proposed contract or arrangement, then at the first meeting of the
Board held after he/ she becomes so concerned or interested and in case of any other
contract or arrangement, the required disclosure shall be made at the first meeting of
the Board held after the Director becomes concerned or interested in the contract or
arrangement.
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ii) The Director shall disclose by general notice to the Board his/ her other directorships,
his/ her memberships of bodies corporate, his/ her interest in other entities and his/ her
interest as a partner or proprietor of firms and shall keep the Board apprised of all
changes therein.
iii) The Director shall provide to the HFC a list of his/ her relatives as defined in the
Companies Act, 1956 or or the Companies Act, 2013 and to the extent the Director is
aware of directorships and interests of such relatives in other bodies’ corporate, firms
and other entities.
iv) The Director shall in carrying on his/ her duties as director of the HFC:
a) use such degree of skill as may be reasonable to expect from a person with his/
her knowledge or experience;
b) in the performance of his/ her duties take such care as he/ she might be reasonably
expected to take on his/ her own behalf and exercise any power vested in him /
her in good faith and in the interests of the HFC;
c) shall keep himself/ herself informed about the business, activities and financial
status of the HFC to the extent disclosed to him/ her;
d) attend meetings of the Board and Committees thereof (collectively for the sake of
brevity hereinafter referred to as "Board") with fair regularity and conscientiously
fulfil his/ her obligations as director of the HFC;
e) shall not seek to influence any decision of the Board for any consideration other
than in the interests of the HFC;
f) shall bring independent judgment to bear on all matters affecting the HFC brought
before the Board including but not limited to statutory compliances, performance
reviews, compliances with internal control systems and procedures, key executive
appointments and standards of conduct;
g) shall in exercise of his/ her judgement in matters brought before the Board or
entrusted to him/ her by the Board be free from any business or other relationship
which could materially interfere with the exercise of his/ her independent
judgement; and
h) shall express his/ her views and opinions at Board meetings without any fear or
favour and without any influence on exercise of his/ her independent judgement;
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v) The director shall have:
a) fiduciary duty to act in good faith and in the interests of the HFC and not for any
collateral purpose;
b) duty to act only within the powers as laid down by the HFC’s Memorandum and
Articles of Association and by applicable laws and regulations; and
c) duty to acquire proper understanding of the business of the HFC.
vi) The Director shall:
a) not evade responsibility in regard to matters entrusted to him/ her by the Board;
b) not interfere in the performance of their duties by the whole-time Directors and
other officers of the HFC and wherever the Director has reasons to believe
otherwise, he / she shall forthwith disclose his/ her concerns to the Board; and
c) not make improper use of information disclosed to him/ her as a member of the
Board for his/ her or someone else’s advantage or benefit and shall use the
information disclosed to him/ her by the HFC in his/ her capacity as director of the
HFC only for the purposes of performance of his/ her duties as a director and not
for any other purpose.
d) make declaration to the effect that:
i. he/ she has not been associated with any unincorporated body that is accepting
deposits;
ii. he/ she has not been associated with any company, the application for
Certificate of Registration (CoR) of which has been rejected by the National
Housing Bank/ Reserve Bank of India;
iii. there is no criminal case, including for offence under section 138 of the
Negotiable Instruments Act, against him/ her.
3. The HFC covenants with the Director that:
i) the HFC shall apprise the Director about:
a) Board procedures including identification of legal and other duties of the Director
and required compliances with statutory obligations;
b) control systems and procedures;
c) voting rights at Board meetings including matters in which the Director should not
participate because of his/ her interest, direct or indirect therein;
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d) qualification requirements and provide copies of Memorandum and Articles of
Association;
e) corporate policies and procedures;
f) insider dealing restrictions;
g) constitution of, delegation of authority to and terms of reference of various
committees constituted by the Board;
h) appointments of Senior Executives and their authority;
i) remuneration policy;
j) deliberations of committees of the Board, and
k) communicate any changes in policies, procedures, control systems, applicable
regulations including Memorandum and Articles of Association of the HFC,
delegation of authority, Senior Executives, etc. and appoint the compliance officer
who shall be responsible for all statutory and legal compliance.
ii) the HFC shall disclose and provide to the Board including the Director all information
which is reasonably required for them to carry out their functions and duties as a
director of the HFC and to take informed decisions in respect of matters brought before
the Board for its consideration or entrusted to the Director by the Board or any
committee thereof;
iii) the disclosures to be made by the HFC to the Directors shall include but not be limited
to the following:
a) all relevant information for taking informed decisions in respect of matters brought
before the Board;
b) HFC’s strategic and business plans and forecasts;
c) organisational structure of the HFC and delegation of authority;
d) corporate and management controls and systems including procedures;
e) economic features and marketing environment;
f) information and updates as appropriate on HFC’s products;
g) information and updates on major expenditure;
h) periodic reviews of performance of the HFC; and
i) report periodically about implementation of strategic initiatives and plans.
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iv) the HFC shall communicate outcome of Board deliberations to Directors and
concerned personnel and prepare and circulate minutes of the meeting of Board to
Directors in a timely manner and to the extent possible within two business days of the
date of conclusion of the Board meeting; and
Note: It is clarified that circulation of minutes within two business days is not mandatory
and provisions in the Companies Act, 2013 in this regard shall apply.
v) advise the Director about the levels of authority delegated in matters placed before the
Board.
4. The HFC shall provide to the Director periodic reports on the functioning of internal
control system including effectiveness thereof.
5. The HFC shall appoint a compliance officer who shall be a senior executive reporting
to the Board and be responsible for setting forth policies and procedures and shall monitor
adherence to the applicable laws and regulations and policies and procedures including
but not limited to directions of the Reserve Bank and National Housing Bank and other
concerned statutory and governmental authorities.
6. The Director shall not assign, transfer, sublet or encumber his/ her office and his/ her
rights and obligations as director of the HFC to any third party provided that nothing herein
contained shall be construed to prohibit delegation of any authority, power, function or
delegation by the Board or any committee thereof subject to applicable laws and
regulations including Memorandum and Articles of Association of the HFC.
7. The failure on the part of either party hereto to perform, discharge, observe or comply
with any obligation or duty shall not be deemed to be a waiver thereof nor shall it operate
as a bar to the performance, observance, discharge or compliance thereof at any time or
times thereafter.
8. Any and all amendments and/or supplements and/or alterations to this Deed of
Covenants shall be valid and effectual only if in writing and signed by the Director and the
duly authorised representative of the HFC.
9. This Deed of Covenants has been executed in duplicate and both the copies shall be
deemed to be originals.
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IN WITNESS WHEREOF THE PARTIES HAVE DULY EXECUTED THIS AGREEMENT
ON THE DAY, MONTH AND YEAR FIRST ABOVE WRITTEN.
For the HFC Director
By ………………….. Name:
Name:
Title: 2. ………………………….
In the presence of:
1………………………………..
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Annex X
Model Code of Conduct for Direct Selling Agents (DSAs)/ Direct Marketing Agents
(DMAs) of Housing Finance Companies6
1. Preamble
Model Code of Conduct for the Direct Selling Agents (DSAs)/ Direct Marketing Agents
(DMAs) is a code of conduct for adoption by housing finance companies (HFCs) in
respect of DSAs/ DMAs operating as their Agents. The Code is a set of guidelines
designed to ensure that DSAs/ DMAs of HFCs act and conduct in conformity with the
laid down policies and procedures as set in the Code.
2. Applicability
Upon adoption and inclusion as part of agreement between HFCs and the DSA/ DMA,
this Code will apply to person/ legal entity involved in marketing and distribution of any
loan or other financial products or services of HFCs. The DSA/ DMA or/and its
employees/ representatives must agree to abide by this Code prior to undertaking any
direct marketing operation and distribution on behalf of the HFC. Any employee/
representative of DSA/ DMA found to be violating this Code may be blacklisted and
such action taken be reported to the HFC from time to time by the DSA/ DMA. Failure
to comply with this requirement may result in permanent termination of business of
DSA/ DMA with HFCs and may even lead to permanent blacklisting. A declaration-
cum-undertaking to be given by DSA/ DMA to HFC and be obtained from its
employees/ representatives by the DSAs/ DMAs before assigning them duties is
annexed to this Code as Appendix X (a).
3. Tele-calling a Prospect (a prospective customer)
3.1. Unsolicited Commercial Communications - National Do Not Call Registry (NCND)-
HFC shall –
3.1.1. not engage Telemarketers (DSAs/ DMAs) who do not have any valid
registration certificate from Department of Telecommunication (DoT),
Government of India, as telemarketers; HFCs shall engage only those
6 This Code of Conduct shall be adopted by HFCs for the compliance of Paragraph 5.7.2 of the Directions on
Managing Risks and Code of Conduct in Outsourcing of Financial Services.
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telemarketers who are registered in terms of the guidelines issued by TRAI,
from time to time, for any kind of engagement with customers;
3.1.2. furnish the list of Telemarketers (DSAs/ DMAs) engaged by them along with
the registered telephone numbers being used by them for making
telemarketing calls to TRAI;
3.1.3. ensure that all agents presently engaged by them register themselves with
DoT as telemarketers.
3.2. A prospect is to be contacted for sourcing an HFC’s product/ service or HFC related
product/ service only under the following circumstances:
a. When a prospect has expressed desire to acquire any loan or other financial
product or services through the HFCs’ internet site/ digital platforms including
mobile applications/ call centre/ branch or through the Relationship Manager at
the HFC or has been referred to by another prospect/ customer or is an existing
customer of the HFC who has given explicit consent in writing/ digitally for
accepting calls on other products/ services of the HFC.
b. When the prospect’s name/ telephone number/ address is available and
obtained after taking his/ her explicit consent in writing/ digitally on a separate
document.
3.3. DSA/ DMA or/and its employees/ representatives should not call a person whose
name/ number is flagged in any “Do Not Disturb” list.
4. When you may contact a prospect on telephone
4.1. DSA/ DMAs must introduce themselves and before calling must share their contact
details through message or any other written mode including his/ her name, contact
number, DMA/ DSA they are employed with and the HFC they are representing.
4.2. Telephonic contact must normally be between 09:30 hours and 19:00 hours.
However, it may be ensured that a prospect is contacted only when the call is not
expected to inconvenience him/ her;
4.3. Calls earlier or later than the prescribed time period may be placed only when the
prospect has expressly authorized the DSA/ DMA or/and its employees/
representatives to do so either in writing or orally;
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4.4. Residence/ Business/ Office address visit must normally be limited between 09:30
hours and 19:00 hours. Visit earlier or later than the prescribed time period may be
made only when prospect has expressly authorized DSA or/and its employees/
representatives to do so either in writing or orally.
5. Respect prospect’s privacy
DSA/ DMA or/and its employees/ representatives should respect a prospect’s privacy
and his/ her interest may normally be discussed only with the prospect and with any
other individual/ family member such as prospect’s accountant/ secretary/ spouse only
when authorized to do so by the prospect.
6. Leaving messages and contacting persons other than the prospect
Calls must first be placed to the prospect. If the prospect is not available, a message
may be left for him/ her. The aim of the message should be to get the prospect to
return the call or to check for a convenient time to call again. Ordinarily, such
messages may be restricted to:
“Please leave a message that XXXXXX (name of officer) representing YYYYYY (name
of the HFC) called and requested to call back at ZZZZZZ (phone number)”. As a
general rule, the message must indicate that the purpose of the call is regarding selling
or distributing a product of an HFC.
7. No misleading statements / misrepresentations permitted
DSA/ DMA or/and its employees/ representatives should not:
a. Mislead the prospect on any product/ service offered by an HFC;
b. Mislead the prospect about their business or organization’s name or falsely
represent themselves as HFC’s employee;
c. Make any false/ unauthorized commitment on behalf of an HFC for any facility/
loan/ service.
8. Telemarketing Etiquettes
8.1. Pre Call
a. No calls prior to 09:30 hours or post 19:00 hours unless specifically requested;
b. No serial calling;
c. No calling on lists unless list is cleared by the DSA/DMA leader.
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8.2. During Call
a. Identify yourself, your company and your principal;
b. Request permission to proceed;
c. If denied permission, apologize and politely disconnect;
d. State reason for your call;
e. Always offer to call back on landline, if call is made to a cell number;
f. Never interrupt or argue;
g. To the extent possible, talk in the language which is most comfortable to the
prospect/ customer;
h. Keep the conversation limited to business matters;
i. Check for understanding of “Most Important Terms and Conditions” by the
prospect/ customer if he plans to buy the product;
j. Reconfirm next call or next visit details;
k. Provide your telephone no, your supervisor’s name or the HFC’s officer contact
details if asked for by the prospect/ customer;
l. Thank the prospect/customer for his/ her time.
8.3. Post Call
a. Prospects/ Customers who have expressed their lack of interest for the offering
should not be called for the next 3 months with the same offer;
b. Provide feedback to the HFC on prospects/ customers who have expressed
their desire to be flagged “Do Not Disturb”;
c. Never call or entertain calls from customers regarding products already sold;
d. Advise them to contact the Customer Service Staff of HFC.
9. Gifts or Bribes
DSA/ DMA or/and its employees/ representatives will
a. not accept gifts or bribes of any kind from prospects/ customers. Further, if he/ she
is offered a bribe or payment of any kind by the prospect/ customer, it must be
reported to his/ her management.
b. not offer any gifts/ gratitude in cash or in kind to the prospect/ customer to solicit
business.
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10. Precautions to be taken on visits/ contacts
DSA/ DMA or/and its employees/ representatives should:
a. respect personal space, maintain adequate distance from the prospect/ customer;
b. ensure that prospect/ customer is not visited within a period of 3 months of
expression of lack of interest for the offering by him/ her.
c. not enter the prospect’s/ customer’s residence/ office against his/ her wishes;
d. prospect’s/ customer’s residence/ business is visited by not more than one
employee/ representative of DSA/ DMA and one supervisor, if required;
e. respect the prospect’s privacy;
f. end the visit with a request for the prospect to call back, if the prospect/ customer
is not present and only family members/ office persons are present at the time of
the visit;
g. provide his/ her telephone number, name of the supervisor or the concerned HFC
officer’s contact details, if asked for, by the prospect/ customer; and
h. limit discussions to prospects of the business and maintain a professional distance.
11. Appearance and Dress Code
DSA/ DMA or/and its employees/ representatives must be in proper formal attire while
meeting up with prospect/ customer.
12. Handling of letters and other communication
Any communication sent to the prospect shall only be in the mode and format
approved by the HFC.
13. Qualifications for DSA/ DMA
While there is no specific qualification requirement for individuals, corporate entities
depending upon the nature of the entity, shall ensure that the Partnership Deed,
Memorandum of Association or any other document evidencing the constitution of the
entity shall contain as one of its main objects soliciting or procuring DSA business.
14. Empanelment of DSA/ DMA
DSA/ DMA seeking of engagement/ empanelment with the HFC shall submit the
application for empanelment in the illustrative format given at Appendix X (b).
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15. Outsourcing Agreement
The terms and conditions governing the contract between the HFC and the service
provider should be carefully defined in written agreements and vetted by HFC's legal
counsel on their legal effect and enforceability. Every such agreement should address
the risks and risk mitigation strategies. The agreement should be sufficiently flexible
to allow the HFC to retain an appropriate level of control over the outsourcing and the
right to intervene with appropriate measures to meet legal and regulatory obligations.
The agreement should also bring out the nature of legal relationship between the
parties – i.e. whether the agent, principal or otherwise. Some of the key provisions of
the contract should be the following:
15.1. The contract should clearly define what activities are going to be outsourced
including appropriate service and performance standards;
15.2. The HFC must ensure it has the ability to access all books, records and information
relevant to the outsourced activity available with the service provider;
15.3. The contract should provide for continuous monitoring and assessment by the HFC
of the service provider so that any necessary corrective measure can be taken
immediately;
15.4. A termination clause and minimum period to execute a termination provision, if
deemed necessary, should be included;
15.5. Controls to ensure customer data confidentiality and service providers' liability in
case of breach of security and leakage of confidential customer related information
should be incorporated;
15.6. There must be contingency plans to ensure business continuity;
15.7. The contract should provide for the prohibition of further outsourcing by the service
provider for all or part of an outsourced activity;
15.8. It should provide the HFC with the right to conduct audits on the service provider
whether by its internal or external auditors, or by agents appointed to act on its
behalf and to obtain copies of any audit or review reports and findings made on
the service provider in conjunction with the services performed for the HFC;
15.9. Outsourcing agreements should include clauses to allow the National Housing
Bank or persons authorised by it, to access the HFC's documents, records of
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transactions, and other necessary information given to, stored or processed by the
service provider, within a reasonable time.
15.10. Outsourcing agreement should also include a clause to recognise the right of the
National Housing Bank, to cause an inspection to be made of a service provider
of an HFC and its books and account by one or more of its officers or employees
or other persons.
15.11. The outsourcing agreement should also provide that confidentiality of customer's
information should be maintained even after the contract expires or gets
terminated.
15.12. The outsourcing agreement should provide for the preservation of documents and
data by the service provider in accordance with the legal/ regulatory obligation of
the HFC in this regard.
16. Termination of Agreement
A termination clause and minimum period to execute a termination provision, should
be included. The agreement shall automatically be terminated unless renewed by a
fresh contract by the HFC immediately after the expiry of the period of agreement. No
DSA/ DMA shall be allowed to do any fresh business on behalf of the HFC after
termination of agreement until and unless renewed by a fresh agreement.
17. Training to DSA/ DMA or/and its employees/ representatives
Where DSA/ DMA is seeking of engagement/ empanelment with the HFC, it or/and its
employees/ representative will have to go through two-day preliminary training and a
day training every year which shall be organized by the HFC. HFC shall also maintain
record of training provided by them
18. Maintenance of Database of DSAs/ DMAs
HFCs availing the services of DSA/ DMA shall maintain up-to-date database of DSAs/
DMAs engaged/ empaneled with them. HFC shall keep the inspection report of the
inspection conducted in terms of the provisions of the agreement entered into with the
DSA/ DMA, and action taken report (ATR) thereon.
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19. General
19.1. HFCs should, at least on an annual basis review the financial and operational
conditions of the service provider to assess their ability to continue to meet their
outsourcing obligations. Such due diligence reviews, which can be based on all
available information about service provider, should highlight any deterioration or
breach in performance standard confidentially and security, and in business
continuity preparedness.
19.2. HFCs should have in place a management structure to monitor and control the
outsourcing activities. It should ensure that outsourcing agreements with the
service providers contain provisions to address their monitoring and control of
outsource activities.
19.3. Regular audits by either the internal auditors or external auditors of the HFC should
assess the adequacy of the risk management practices adopted in overseeing and
managing the outsourcing arrangement, the HFC’s compliance with its risk
management framework and the requirements of these guidelines.
19.4. In the event of termination of the agreement for any reason, this should be
publicized so as to ensure that the customers do not continue to deal with that
service provider.
19.5. HFCs should constitute a Grievance Redressal Machinery within the company and
give wide publicity about it through electronic and print media. The name and
contact number of the designated Grievance Redressal Officer of the HFC should
be made known and widely publicized. The designated officer should ensure that
genuine grievances of customers are redressed promptly without involving delay.
It should be clearly indicated that HFC’s Grievance Redressal Machinery will also
deal with the issue relating to services provided by the outsourced agency.
19.6. Generally, a time limit of one month may be given to the customers for preferring
the complaints/grievances. The grievance redressal procedure of the HFC and the
time frame fixed for responding to the complaints should be placed on the HFC’s
website.
19.7. No payment to DSAs/ DMAs shall be made in cash. The fee, incentive etc. shall
be made only by way of direct credit to their bank account.
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19.8. HFC may prescribe the operational area for DSA/ DMA within which they can work.
19.9. The lead shall be shared by the DSA/ DMA in the illustrative format given at
Appendix X (c).
19.10. By virtue of contract/ agreement, the DSA/ DMA or/and its employees/
representatives may have access to personal and business information of HFCs
and/or HFC’s customer. DSA/ DMA shall ensure the preservation and protection
of the security and confidentiality of the customer information or data which are
in the custody or possession.
19.11. DSA/ DMA should acknowledge that he/ she/ it has read the said Model Code of
Conduct and has fully understood all the terms and conditions mentioned there
in and declare that the DSA/ DMA shall agree to abide by the said Code of
conduct in letter and spirit.
19.12. The DSA/ DMA shall report the fraud committed by erring employees/
representatives periodically to HFCs and consolidated data/ information on the
same shall be submitted by HFCs to NHB. The information shall include name of
the person, address, name of the DSA associated with and nature of fraud. Such
employees/ representatives shall be barred permanently for doing the business
of DSA/ DMA in future with HFCs.
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Appendix X (a)
Declaration-Cum-Undertaking
________________
________________
________________
Re: Code of Conduct
Dear Sir,
I am working in your company as a __________________. My job profile, inter-alia,
includes offering, explaining, sourcing, and assisting documentation of products and
linked services to prospects of _______________ (name of the HFC).
In the discharge of my duties, I am obligated to follow the Code of Conduct attached to
this document.
I confirm that I have read and understood and agree to abide by the Code of Conduct. I
further confirm that the trainer mentioned below has explained the contents of the Code
of Conduct in full to me.
In case of any violation, non-adherence to the said Code, you shall be entitled to take
such action against me as you may deem appropriate.
Signed on this _______________ day of _______________ 20 ________________
Signature ___________________ Name _______________ Agency____________
Signature of Trainer _________ Name _____________ Company ____________
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Appendix X (b)
APPLICATION FORM FOR EMPANELMENT OF DSA / DMA
To,
The Manager
[Name and address of the HFC],
Sir/Madam,
Sub: APPLICATION FOR EMPANELEMENT AS DIRECT SELLING AGENT (DSA)/
DIRECT MARKETING AGENT (DMA) WITH ________________ (Name of the HFC)
I submit herewith my application for the empanelment as Direct Selling Agent (DSA)/
Direct Marketing Agent (DMA) for …………………….. (Name of HFC). I have read the
terms and conditions relating to the service and I undertake that those are acceptable to
me.
1 Full name (in block letters)
2 Father’s/Husband’s name
3 Constitution Individual Proprietorship Partnership Company
(tick appropriate option)
4 Date of birth/ incorporation
(DD/MM/YYYY)
5 Age Years Months
6 Address
7 Mobile number
8 Alternate contact number
9 PAN card no
10 Present occupation
11 No. of years in employment
12 Qualification
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13 Languages known
14 Reference 1.
(name and contact number)
2.
I declare that the statements in this application and the documents submitted (as per list
given below) are true, complete and correct to the best of my knowledge and belief.
I declare, that no criminal proceedings are pending against me. I further declare that I am
not related to any existing employee of ____________. I understand that in the event of
any information/document being found untrue / incorrect at any stage, my application is
liable to be rejected and if already empanelled, the empanelment is liable to be
terminated.
Place: Signature:
Date: Name:
Documents to be submitted along with application:
1) Copy of PAN card;
2) Address proof (latest telephone/ mobile bill, electricity bill, gas bill, passport or ration
card);
3) Two recent passport size photographs (in addition to one affixed on application form);
4) Latest IT return/ Form 16;
5) Bank statement for last 6 months;
6) Enrolment letter, if enrolled with other bank/FI for similar services;
7) In case of firm/ company: Registration certificate of firm & Partnership deed/ Articles
of Association of the company and incorporation certificate.
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Appendix X (c)
(Name of Loan Product) – CUSTOMER INFORMATION
Name of the Applicant/s:
Mobile Number:
Email ID:
Address:
Select which is applicable: Looking for property
Property identified
Details of property, if identified:
Loan Amount:
Income Bracket (per annum):
Up to ₹5 lakh
Above ₹5 lakh to ₹10 lakh
Above ₹10 lakh
Income Based on: Income Tax Return
Other (specify the same)
DSA Code
Signature of DSA
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Annex XI
Guidelines for engaging Recovery Agents by Housing Finance Companies7
1. HFCs, as principal, are responsible for the action of their agents. Hence, they should
ensure that their agents, engaged for recovery of their dues should strictly adhere to
these guidelines and instruction including the fair practice code for HFCs, while
engaging in the process of recovery of dues.
‘Agents’ for the purpose of these guidelines would include agencies engaged by the
HFCs and the agents/ employees of the concerned agencies.
It is expected that the HFCs would, in the normal course, ensure that their own
employees also adhere to these guidelines during the loan recovery process.
2. Engagement of Recovery Agents
HFCs should have a due diligence process in place for engagement of recovery
agents, which should be structured to cover, among others, individuals involved in the
recovery process. HFCs should also ensure that the agents engaged by them in the
recovery process, carry out verification of the antecedents of their employees, which
may include pre-employment police verification, as a matter of abundant caution and
HFCs may decide the periodicity at which re-verification of antecedents should be
resorted to.
3. Training of Recovery Agents
3.1. HFCs should ensure that, among others, the recovery agents are properly trained
to handle with care and sensitivity, their responsibilities, in particular aspects like
hours of calling, privacy of customer information etc.
3.2. HFCs should ensure that over a period of one year, all their recovery agents
undergo the training as prescribed by Indian Institute of Banking and Finance (IIBF)
and obtain the certificate from the institute. Further, the service providers engaged
by HFCs, should also employ only such personnel who have undergone the above
training and obtained the certificate from the IIBF.
7 These guidelines shall be adopted by HFCs for the compliance of Paragraph 5.7.2 of the Directions on Managing
Risks and Code of Conduct in Outsourcing of Financial Services.
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4. Intimating borrowers about Recovery Agents
4.1. HFC shall prominently display the list of recovery agency firms/ companies/
individual as the case may be, empanelled with it including name and period of
empanelment on its website, branches/ offices, mobile applications or any other
platform which is being used for engagement with customer.
4.2. To ensure due notice and appropriate authorization, HFCs should inform the
borrower, the details of recovery agency firms/ companies while forwarding default
cases to the recovery agency.
4.3. Further, in some of the cases, the borrower might not have received the details
about the recovery agency due to refusal/ non-availability/ avoidance. To ensure
identification, it would be appropriate if the agent also carries a copy of the notice
and the authorization letter from the HFC along with the identity card issued to him
by the HFC or the agency firm/ company. Where the recovery agency is changed
by the HFC during the recovery process, in addition to the HFC notifying the
borrower of the change, the new agent should carry the notice and the
authorization letter with his identity card.
4.4. The notice and the authorization letter should, among other details, also include
the telephone numbers of the relevant recovery agency. HFCs should ensure that
there is a tape recording of the content/ text of the calls made by the recovery
agents to the customers and vice-versa, with the knowledge of the customer. HFCs
may take reasonable precautions such as intimating the customer that the
conversation is being recorded, etc.
5. Incentives to Recovery Agents
Stiff targets or high incentives may induce agents to use intimidatory and questionable
methods for recovery of dues. HFCs are, therefore, advised to ensure that the
contracts with the recovery agent do not induce adoption of uncivilised, unlawful and
questionable behaviour or recovery process.
6. Methods followed by Recovery Agents
All the members of the staff or any person authorised to represent the HFC in
collection or/and security repossession should follow the guidelines set out, such as:
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a. Customer would be contacted ordinarily at the place of his/ her choice and in the
absence of any specified place at the place of his/ her residence and if unavailable
at his/ her residence, at the place of business/ occupation.
b. Identity and authority to represent the HFC should be made known to the customer
at the first instance.
c. Customer’s privacy should be respected.
d. Interaction with the customer shall be in a civil manner.
e. HFCs’ representatives shall contact customers between 0700 hours and 1900
hours, unless the special circumstances of the customer’s business or occupation
requires otherwise.
f. Customer’s request to avoid call at a particular time or at a particular place shall
be honoured as far as possible.
g. The time and number of calls and contents of conversation should be documented.
h. All assistance should be given to resolve disputes or differences regarding dues in
a mutually acceptable and in an orderly manner.
i. During visits to customer’s place for dues collection, decency and decorum should
maintained.
j. Only employees of the Recovery Agency shall visit the borrower’s premises for the
recovery/ collection activity and no other person shall accompany such Recovery
Agent.
k. Inappropriate occasions such as bereavement in the family or such other
calamitous occasion, or marriage functions, festivals etc. should be avoided for
making calls/ visits to collect dues.
l. The written communication sent by the collection agent to the borrower should
have the approval of the HFC.
m. HFCs shall interact only with the customer/ borrower or the guarantor (only if so
required) and shall not approach any other relatives/ contacts of the borrower.
7. Taking possession of property mortgaged to HFCs
7.1. It has been observed by the Hon’ble Supreme Court that we are governed by rule
of law in the country and the recovery of loans or seizure of asset could be done
only through legal means. It is emphasised in this context that HFCs may rely on
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legal remedies available under the relevant statutes while enforcing security
interest without intervention of the courts. In this context, it may be mentioned that
the Securitization and Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002 (SARFAESI Act) and the Security Interest
(Enforcement) Rules, 2002, framed thereunder have laid down well-defined
procedures not only for enforcing security interest but also for auctioning the
movable and immovable property after enforcing the security interest.
7.2. Where HFCs have incorporated a pre-possession clause in the contract with the
borrower and rely on such pre-possession clause for enforcing their rights, they
should ensure that the pre-possession clause is legally valid, complies with the
provisions of the Indian Contract Act in letter and spirit, and ensure that such
prepossession clause is clearly brought to the notice of the borrower at the time of
execution of the contract. The terms and condition of the contract should be strictly
in terms of the disclosed recovery policy and should contain provisions regarding:
a. Notice period before taking possession;
b. circumstances under which the notice period can be waived;
c. the procedure for taking possession of the security;
d. a provision regarding final chance to be given to the borrower for repayment of
loan before the sale/ auction of the property;
e. the procedure for giving repossession to the borrower; and
f. the procedure for sale/ auction of the property.
8. Use of forum of Lok Adalats
The Honourable Supreme Court has also observed, inter alia, that loans, personal
loans, credit card loans and housing loans with less than ₹10 lakh can be referred to
Lok Adalats. HFCs are encouraged to use the forum of Lok Adalats for recovery of
housing loans with less than ₹10 lakh as suggested by Honourable Supreme Court.
9. Utilisation of Credit Counsellors
HFCs should have in place an appropriate mechanism to utilize the service of credit
counsellors for providing suitable counselling to the borrowers where they become
aware that the case of a particular borrower deserves sympathetic consideration.
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10. Complaints against the HFC/ its Recovery Agents
10.1. Complaints received by NHB regarding violation of the above guidelines and
adoption of above practices followed by recovery agents of HFCs would be viewed
seriously. Supervisory actions could be attracted when the High Courts or the
Supreme Court pass strictures or impose penalties against any HFC or its
Directors/ Officers/ agents with regard to policy, practice and procedures related
to the recovery process.
10.2. Where a grievance/ complaint has been lodged, HFCs should not forward cases
to recovery agencies till they have finally disposed of any grievance/ complaint
lodged by the concerned borrower. However, where the HFC is convinced, with
appropriate proof, that the borrower is continuously making frivolous/ vexatious
complaints, it may continue with the recovery proceedings through the Recovery
Agents even if a grievance/ complaint is pending with them. In case where the
subject matter of the borrower’s dues might be sub judice, HFCs should exercise
utmost caution, as appropriate, in referring the matter to the recovery agencies,
depending on the circumstances.
10.3. Each HFC should have a mechanism whereby the borrower grievances with
regards to the recovery process can be addressed. The details of the mechanism
should also be furnished to the borrower while advising the details of the recovery
agency as at Paragraph 4 above.
11. Periodical review, monitoring and control
HFCs engaging recovery agents are advised to undertake a periodical review of the
mechanism to learn from experience, to effect improvement and to bring to the notice
of the Bank suggestion for improvement in the guidelines.
12. General
12.1. HFCs should, at least on an annual basis, review the financial and operation
condition of the service providers to assess their ability to continue to meet their
outsourcing conditions. Such due diligence reviews, which can be based on all
available information about the service provider should highlight any deterioration
or breach in performance standards, confidentiality and security, and in business
continuity preparedness.
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12.2. The outsourcing agreement should provide for the prohibition of further
outsourcing by the service provider for all or part of an outsourced activity;
12.3. HFCs should have in place a management structure to monitor and control its
outsourcing activities. It should ensure that outsourcing agreement with the service
providers contain provisions to address their monitoring and control of outsourced
activities.
12.4. Regular audits by either the internal auditors or external auditors of the HFC should
assess the adequacy of the risk management practices adopted in overseeing and
managing the outsourcing arrangement, the HFC’s compliance with its risk
management framework and the requirements of these guidelines.
12.5. In the event of termination of the agreement for any reason, this should be
publicized so as to ensure that the customers do not continue to deal with that
service providers.
12.6. HFCs should constitute a Grievance Redressal Machinery within the company and
give wide publicity about it through electronic and print media. The name and
contact number of designated grievance redressal officer of the HFC should be
made known and widely publicised. The designated officer should ensure that
genuine grievances of customers are redressed promptly without any delay. It
should be clearly indicated that HFCs Grievance Redressal Machinery will also
deal with the issue relating to services provided by the outsourced agency.
12.7. Generally, a time limit of one month may be given to the customer for preferring
their complaints/ grievances. The grievance redressal procedure of the HFC and
the time frame fixed for responding to the complaints should be placed on the
HFCs website.
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Annex XII
Display of Information by HFCs & Most Important Terms and Conditions
In order to promote transparency in the operations of HFCs, the following instructions are
issued to HFCs.
1. Notice Boards
1.1. The minimum size of the board may be 2 feet by 2 feet as the board of such a size
would facilitate comfortable viewing from a distance of 3 to 5 meters. HFCs are
advised to display the information in the notice boards of their branches/ offices as
per the format given in the Appendix XII (a) for the comprehensive notice board.
1.2. While displaying the information in the notice board, HFCs may also adhere to the
following principles:
1.2.1. The notice board may be updated on a periodical basis and the board should
indicate the date up to which the board was updated (incorporated in the
display board);
1.2.2. Though the pattern, colour and design of the board is left to the discretion of
the HFCs, yet the display must be simple and readable;
1.2.3. The language requirements (i.e., bilingual in Hindi speaking states and
trilingual in other states) may be taken into account;
1.2.4. The notice board shall specifically indicate wherever recent changes have
been done. For instance, if there is a recent change in the home loan products
offered by the HFC, the information on the home loan products may be
displayed as 'We offer home loans/ products (changed on…………….. )'; and
1.2.5. The notice board may also indicate a list of items on which detailed
information is available in booklet form.
1.3. Further, in addition to the above board, the HFCs should also display details such
as 'Name of the HFC/ branch/ office, Working Days, Working Hours and Weekly
Off-days' outside the branch/ office premises.
2. Booklets/ Brochures
2.1. The detailed information as indicated in Paragraph 1.2.5 above may be made
available in various booklets/ brochures as decided by the HFC. These booklets/
brochures may be kept in a separate file/ folder in the form of 'replaceable pages'
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so as to facilitate copying and updation. In this connection, HFCs may also adhere
to the following broad guidelines:
2.1.1. The file/ folder may be kept at the customer lobby in the branch or at the 'May
I Help You' counter or at a place that is frequented by most of the customers;
2.1.2. The language requirements (i.e. bilingual in Hindi speaking states and
trilingual in other states) may be taken into account;
2.1.3. While printing the booklets it may be ensured that the font size is minimum
Arial 10 so that the customers are able to easily read the same; and
2.1.4. Copies of booklets may be made available to the customers on request.
3. Website
3.1. The detailed information as indicated in Paragraph 1.2.5 above may also be made
available on the HFC's web-site. HFCs should adhere to the broad guidelines
relating to dating of material, legibility etc., while placing the same on their
websites.
3.2. HFCs should display on their website the interest rate range of contracted loans
for the past quarter for different categories of advances granted to individual
borrowers along with mean interest rates for such loans.
3.3. The total fees and charges applicable on various types of loans to individual
borrower should be disclosed at the time of processing of loan as well as displayed
on the websites of HFCs for transparency and comparability and to facilitate
informed decision making by customers.
3.4. HFCs should publish Annual Percentage Rate (APR) or such similar other
arrangement of representing the total cost of credit on a loan to an individual
borrower on their websites so as to allow customers to compare the costs
associated with borrowing across products and/or lenders.
3.5. ln this context, HFCs are also advised to ensure that the customers are able to
easily access the relevant information from the Home Page of the HFC's websites.
Further, there are certain information relating to service charges, fees and
grievance redressal, for which latest updated information are to be posted
compulsorily on the websites of the HFCs.
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3.6. A format has been devised for display of information relating to interest rates and
service charges which would enable the customer to obtain the desired information
at a quick glance. The format is given in the Appendix XII (b). HFCs are advised to
display the information as per the format given in the Appendix on their web-sites.
HFCs are however free to modify the format to suit their requirements, without
impairing the basic structure or curtailing the scope of disclosures.
4. Other Modes of Display
HFCs may also consider displaying all the information that have to be given in the
booklet form in the touch screen by placing them in the Information Kiosks, Scroll
Bars, Tag Boards and/or other options available. The above broad guidelines may
be adhered to, while displaying information using these modes.
5. Other Issues
5.1. HFCs are free to decide on their promotional and product information displays.
However, the mandatory displays may not be obstructed in anyway. As customer
interest and financial education are sought to be achieved by the mandatory
display requirements, they should also be given priority over the other display
boards. Information relating to Government sponsored schemes as applicable
location-wise may be displayed according to their applicability.
5.2. HFCs should provide a clear, concise, MITC, as per prescribed format in Appendix
XII (b), to all borrowers at every stage of the loan processing as well as in case of
any change in any terms and conditions. The same may also be included as a
summary box to be displayed in the credit agreement.
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Appendix XII (a)
Format of Comprehensive Notice Board
(Updated up to_______)
A. Customer Service Information:
i) We have separately displayed the key interest rates on loans, deposits (if applicable)
& in the branches/ offices.
ii) We have also displayed all types of charges/ fees.
iii) Nomination facility is available on all deposit accounts
B. Service Charges:
C. Grievance Redressal:
i) If you have any grievances/ complaints, please approach:
ii) If your complaint is unresolved at the branch level, you may approach our Branch
Manager/ Manager etc. (authorized officer's designation) at: (Address)
iii) If you are not satisfied with our grievance redressal, you may approach the National
Housing Bank at: Complaint Redressal Cell, National Housing Bank, New Delhi.
D. Other Services Provided:
E. Information available in Booklet Form
(Please approach 'MAY I HELP YOU' Counter)
i) All the items mentioned in (A) to (D) above.
ii) Time norms for common transactions.
iii) KYC/ Fair Practice Code/ The Code of HFC's Commitment to Customers.
F. Display of Certificate of Registration (CoR) issued under Section 29 A of the NHB
Act, 1987.
Information to be provided outside the premises:
i) Name of the HFC/ Branch:
ii) Weekly Holiday on:
iii) Branch Working Hour
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Appendix XII (b)
MOST IMPORTANT TERMS AND CONDITIONS (MITC)
Loan………………... (Name of the specific Loan Product)
Major terms and conditions of the housing loan agreed to between……………….. (the
borrower) and the ………….................... (Name of the housing finance company) are as
under:
1. Loan
Sanctioned Amount:
2. Interest
i) Type (Fixed or Floating or Dual/ Special Rate) :
ii) Interest chargeable (……………. i.e. ..... % (reference rate +/- …………) for floating
rate loans; and ……% for fixed rate loans)
iii) Moratorium or subsidy:
iv) Date of reset of interest:
v) Modes of communication of changes in interest rate:
3. Installment Types
4. Loan Tenure
5. Purpose of Loan (mention the purpose for which the loan is sanctioned)
6. Fee and Other Charges
i) On application (all type of fee/ charges, to be specified individually)
ii) During the term of loan (all type of fee/ charges, to be specified individually)
iii) On foreclosure (all type of fee/ charges, to be specified individually)
iv) Fee refundable if loan not sanctioned/disbursed (all type of fee, to be specified
individually)
v) Conversion charges for switching from floating to fixed interest and vice-versa (type
of charges, to be specified individually)
vi) Penalty for delayed payments (all type of penalty, to be specified individually)
7. Security/ Collateral for the Loan
i) Mortgage (mention details of the property to be mortgaged as security for the loan)
ii) Guarantee (mention the name of the Guarantors)
iii) Other Security (mention the details of other securities, if any)
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8. Insurance of the Property/ Borrowers
Detail of the requirements and features of the insurance policy to be obtained for the
property/ borrowers to be mentioned.
9. Conditions for Disbursement of the Loan
Conditions for disbursements of the loan or any installment thereof viz., creation of
security, submission of approved plans, stages of construction, statutory approvals etc.
to be indicated.
10. Repayment of the Loan & Interest
The amount of EMI and the total number of installments where the loan is repayable in
equated monthly installments or other details for payment of principal amount of loan and
interest including due date/s to be indicated. Also mention the procedure for advance
intimation of the changes in the rate of interest/ EMI.
11. Brief procedure to be followed for Recovery of overdues
The notice etc. to be given to the borrower for recovery of overdues before proceeding
under the applicable law to be mentioned.
12. Date on which annual outstanding balance statement will be issued
13. Customer Services
Mention in brief about the followings:
i) Visiting hours at the office.
ii) Details of the person to be contacted for customer service.
iii) Procedure to obtain the following including time line therefore:
a. loan account statement.
b. photocopy of the title documents.
c. return of original documents on closure/ transfer of the loan.
14. Grievance Redressal
Mention the procedure (e-mail id and other contact details at which the complaints can
be lodged, turnaround time for resolving the issue, matrix for escalation, etc.) for lodging
the complaints by the aggrieved borrower. Further, HFC should also mention that in case
the complainant is dissatisfied with the response received or where no response is
received, the complainant may approach the Complaint Redressal Cell of National
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Housing Bank by lodging its complaints online on the website of NHB or through post to
NHB, New Delhi.
It is hereby agreed that for detail terms and conditions of the loan, the parties hereto shall
refer to and rely upon the loan and other security documents executed/ to be executed
by them.
The above terms and conditions have been read by the borrower/s / read over to the
borrower by Shri/Smt./Kum. _____________________________of the company and
have been understood by the borrower/s.
(Signature or thumb impression (Signature of the authorized
of the Borrower/s) person of Lender)
Note: Duplicate copy of the MITC should be handed-over to the borrower/s.
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Annex XIII
Illustrative Guidelines for loan facilities to Visually Impaired Persons
1. All products, services, facilities, etc. offered by housing finance companies (HFCs)
should be made available to visually impaired persons and should be offered at all
branches/ offices of the HFC.
2. All products, services, facilities, etc. must be made available to visually impaired
customers as are offered to other customers and their impairment of vision should not
be a criterion for sanctioning/ denying a loan.
3. HFCs must provide the same facilities to a visually impaired customer as it would to
any other customer.
4. HFCs must follow the same procedure for extending products, services, facilities, etc.
offered by them to a visually impaired customer as it does for its other customers.
5. No additional burden of interest payment, collateral and other terms should be
imposed on the visually impaired customer.
6. If the credit policy of an HFC does not insist for a co-borrower or a guarantor for other
customers for any type of loan facilities extended by it, the same should not be insisted
upon for a visually impaired customer.
7. HFCs should not equate visually impaired customers with illiterate customers.
8. HFCs should not deny any services to visually impaired customers including visually
impaired customers who use their thumb impression. If necessary, HFCs may take a
Declaration of Thumb Impression as an additional document from visually impaired
customer.
9. Additional facilities like reading and filling up of forms, slips, etc. should be provided
to a visually impaired customer. The Officer/ Manager of the branch/ office should read
out the rules of business and other terms and conditions in the presence of a witness,
if required by the customer.
10. HFC must allow the visually impaired customer to take a loan or avail any other
facilities offered by them jointly with anybody that he/ she chooses including person(s)
who is/are visually impaired.
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11. Visually impaired customers may be allowed to appoint a person/ persons as their
Power of Attorney or Mandate Holder to operate their account, if the visually impaired
customer so desires.
12. The Officer/ Manager of the branch/ office must inform a visually impaired customer/
prospective customer of his rights and liabilities before offering the product.
13. The documentation requirements of a visually impaired customer must be the same
as any other customer. The account has to be clearly marked as "the account holder
is visually impaired".
14. HFCs should provide a copy of all documents to visually impaired customer in digital
form also, if required.
15. HFCs should provide a copy of the Most Important Terms and Conditions (MITC) to
visually impaired customer in braille form or text readable PDF, if so desired by them.
16. HFCs should preferably provide Electronic Clearing Service (ECS) facility to the
visually impaired customer.
It may be kept in mind that these guidelines are only illustrative and by no measures
exhaustive.
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Annex XIV
Valuation of Properties – Empanelment of Valuers
The issue of correct and realistic valuation of properties or fixed assets owned by HFCs
and that accepted by them as security (primary or collateral) for a sizable portion of their
advances’ portfolio assumes significance in view of its implications for correct
measurement of capital adequacy position of HFCs. In this context, there is a need for
putting in place a system/ procedure for realistic valuation of properties/ fixed assets and
also for empanelment of valuers for the purpose. HFCs shall be guided by the following
aspects while formulating a policy on valuation of properties and appointment of valuers:
1. Policy for valuation of immovable properties
1.1. HFCs shall have a Board approved policy in place for valuation of properties
including collaterals accepted for their exposures.
1.2. The valuation shall be done by professionally qualified independent valuers i.e. the
valuer should not have a direct or indirect interest. However, valuation of properties
by the internal technical valuers of housing finance companies is permissible
subject to the internal technical valuer having qualifications similar to those
prescribed under the Companies (Registered Valuers and Valuation) Rules, 2017.
1.3. The frequency of valuation shall be decided by the Board of an HFC, based on the
observed volatility in the prices of the assets in the past except annually in the case
of Non-Performing Asset (NPA). The frequency of valuation in case of Non-
Performing Asset (NPA) shall be annual in case of assets classified as sub-
standard for more than six months or the classification of assets as doubtful assets.
The frequency decided by the HFC shall be reviewed by its Board annually.
Further, where the value of the properties has been substantially impaired by any
event, these are to be immediately revalued and appropriately factored in to capital
adequacy computation.
1.4. Valuation procedure to be followed to ensure that the realisable value of properties
is reasonably estimated.
1.5. HFCs shall obtain minimum two valuation reports, at least one of them being from
an independent valuer, in case the loan amount is ₹50 lakh or above (or such any
other lower value as may be decided by the Board of the company) and below ₹75
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lakh. The lower of the two valuations shall be considered by the HFC for deciding
upon the loan amount.
1.6. In case the loan amount is ₹75 lakh or above, HFCs shall necessarily obtain
minimum two independent valuation reports and the lower of the two shall be
considered by the HFC for deciding upon the loan amount.
1.7. The HFCs shall obtain minimum two independent valuation reports for properties
valued at ₹1 crore or above.
1.8. The requirement of valuation in respect of financing of the initial purchase of a
residential dwelling unit from a State Housing Board/Municipal Corporation/
Developmental Authority or other public agencies by an HFC shall be decided by
the company with the approval of its Board.
1.9. In respect of financing of any initial transaction of the purchase of a property, the
value of the property for the purposes of arriving at the Loan to Value ratio (LTV)
should not exceed the documented transaction value as per the agreement to sale,
sale deed etc. Valuation in such cases, if required, may be done as per the policy
approved by the Board of the company.
2. Policy of revaluation of HFC’s own properties
In addition to the above, the HFCs may keep the following aspects in view while
formulating policy for revaluation of their own properties:
2.1. HFCs have been permitted to include revaluation reserves at a discount of 55% as
a part of Tier II Capital. In view of this, it is necessary that revaluation reserves
represent true appreciation in the market value of the properties and HFCs have
in place a comprehensive policy for revaluation of fixed assets owned by them.
HFCs shall have a Board approved comprehensive policy in place for valuation of
its own properties and such a policy should inter-alia cover procedure for
identification of assets for revaluation, maintenance of separate set of records for
such assets, the frequency of revaluation, depreciation policy for such assets,
policy for sale of such revalued assets etc. The policy should also cover the
disclosure required to be made in the 'Notes on Account' regarding the details of
revaluation such as the original cost of the fixed assets subject to revaluation and
accounting treatment for appreciation/ depreciation etc.
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2.2. As the revaluation should reflect the change in the fair value of the fixed asset, the
frequency of revaluation should be determined based on the observed volatility in
the prices of the assets in the past. Further, any change in the method of
depreciation should reflect the change in the expected pattern of consumption of
the future economic benefits of the assets. The HFCs should adhere to these
principles meticulously while changing the frequency of revaluation/method of
depreciation for a particular class of asset and should make proper disclosures in
this regard.
3. Policy for Empanelment of Independent Valuers
3.1. HFCs should have a procedure for empanelment of professional valuers and
maintain a register of 'approved list of valuers'.
3.2. HFCs shall prescribe a minimum qualification and minimum post qualification
experience for empanelment of valuers. Different qualifications and experience
may be prescribed for different classes of assets (e.g. land and building, plant and
machinery, agricultural land, etc.). While prescribing the qualifications, HFCs may
take into consideration the qualifications prescribed under Section 34AB (Rule 8A)
of the Wealth Tax Act, 1957.
3.3. While framing the above policy, HFCs shall also be guided by the provisions of the
Section 247 of the Companies Act, 2013, Rules made or to be made thereunder
and amendments therein, from time to time. Further, HFCs shall also be guided by
relevant Accounting Standards.
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Annex XV
Notification as “Financial Institution” under Section 2(1)(iv)(m) of the
Securitization and Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002
Annexure XV (a)
Housing Finance Company (HFC), should fulfill the following criteria before forwarding
application to NHB for recommending to the Central Government for notification as
Financial Institution under Section 2(1)(m)(iv) of the SARFAESI Act:
i) The HFC should hold the valid Certificate of Registration (“CoR”) issued under
Section 29 A of the NHB Act, 1987;
ii) The size of HFC, in terms of Net Owned Fund (“NOF”), at the time of making the
application, should be the prevailing statutory NOF required to be maintained to hold
CoR, as notified by the Bank from time to time;
iii) The size of HFC, in terms of loan assets (Individual Housing Loans) outstanding
should not be less than ₹50 crore;
iv) The HFC should have commenced the business of providing housing loans
subsequent to grant of CoR and should have completed 18 months of business
operations after commencement of business;
v) There should not be any major supervisory concerns (i.e. concerns pertaining to
non-compliances of provisions of National Housing Bank Act, 1987), emerging out
of offsite surveillance as well as onsite inspection, pending at the time of making the
recommendation;
vi) HFC should have attained the minimum supervisory rating of “B-“ signifying
satisfactory and having scored more than 60 marks out of 100 in the CAMELS Model
in the rating scale of ten ranging from A+ to D;
vii) There should not be any adverse report received from FIU-IND, SFIO or any other
regulatory authorities viz. RoC, RBI, SEBI, IRDAI etc. as available in the public
domain of their website.
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Annexure XV (b)
Housing Finance Company (HFC), which is notified as Financial Institution under Section
2(1)(m)(iv) of the SARFAESI Act should fulfill/ ensure compliance of the following criteria
failing which NHB may recommend such HFCs to the Central Government for de-
notification as Financial Institution under the said Act:
i) The individual housing loan portfolio should not have fallen below 50% of total loan
portfolio in two consecutive financial years.
ii) HFC shall secure and maintain the minimum supervisory rating of “B-“ i.e minimum
60 marks out of 100 marks in two consecutive financial years.
iii) No adverse report should have been received from FIU-IND, SFIO or any regulatory
authorities viz. RoC, RBI, SEBI, IRDAI etc. as available in the public domain of their
website.
iv) No major supervisory concerns (i.e. concerns pertaining to noncompliance of
provisions of National Housing Bank Act, 1987) shall have emerged out of offsite
surveillance as well as onsite inspection against the HFC and it remained un-
rectified for two years.
v) CoR should not have been either cancelled by the Bank or surrendered voluntarily
by the HFC due to change in business line or for some other reasons.
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Annexure XV (c)
Application for Notification of Housing Finance Companies as Financial Institution under
Section 2(1)(m)(iv) of the Securitization and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002
By Registered Post
From: [Name and Address of the Registered Office in BLOCK LETTERS)
To
The General Manager,
Department of Supervision,
National Housing Bank, India Habitat Centre, Core 5 A, Lodhi Road,
New Delhi – 110 003.
Dear Sir,
SUB: APPLICATION FOR THE PURPOSE OF NOTIFICATION OF HOUSING FINANCE
COMPANIES AS FINANCIAL INSTITUTION UNDER SECTION 2 (1) (m) (iv) OF THE
SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND
ENFORCEMENT OF SECURITY INTEREST ACT, 2002
We make this application on the captioned subject for recommending _______________
(Name of the Company) (herein after referred to as “the Company”) for the purpose of
notification as “Financial Institution” under Section 2 (1) (m) (iv) of the Securitization and
Reconstruction Financial Assets and Enforcement of Security Interest Act, 2002 (“the said
Act”)
2. In order to avail the benefits/ rights contemplated for the secured creditor under the
said Act, we are desirous of being covered within the definition of Financial Institution
under the said Act. We, therefore, request you to recommend the name of our Company
to the Central Government for the purpose of notifying the name of our Company as
Financial Institution under the said Act.
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3. We confirm that __________________________ (Name of the Company) fulfills all the
criteria prescribed by the Bank for the purpose. We declare that the information furnished
in this application, along with annexures, is true, correct and complete to the best of our
knowledge and belief.
4. We hereby undertake that we shall follow all due process of law while exercising the
powers under the said Act.
5. We further confirm that there is no adverse report against the Company or against any
promoters/ directors from FIU-IND, SFIO or any other regulatory and statutory authorities.
Yours faithfully,
[Name and Designation of the Authorised Official]
Common Seal of the Company
Date: ____________
Place: ____________
Enclosures:
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APPLICATION FORM
Sl. No Particulars
1
2 Name and address of the Company
3
4 Date of issuance of CoR (please enclose copy)
5 Name and address of the Promoter/ Directors
6 Statutory Auditor’s certificate certifying minimum NOF
as the prevailing statutory NOF prescribed by the
7 Reserve Bank of India from time to time, as on the
a latest date.
b Total loan outstanding (as per the last Audited
c Balance Sheet also specify date of outstanding).
d Please provide the supporting document.
8 Certificate from Managing Director/ Statutory Auditor,
9 as applicable, of the HFC that ‘fit and proper’ criteria
in selection of the Directors has been followed.
10 Date of commencement of housing loan business.
Date of disbursal of first housing loan (individual/ non-
individual)
Total housing loan outstanding as per last audited
balance sheet
Total individual housing loan outstanding as per last
audited balance sheet.
Total number of NPA accounts and the outstanding
amount
Last supervisory rating based on inspection of the
company w.r.t its position as on -------
Major supervisory concerns (i.e. concerns pertaining
to noncompliance of provisions of National Housing
Bank Act, 1987), emerging out of offsite surveillance
as well as onsite inspection by NHB, which is pending
for compliance at the time of making this application.
Violations of any nature observed by any Regulatory
body viz. FIU-INDIA/ SFIO/ RoC, SEBI, IRDAI etc.,
which is pending for compliance at the time of making
this application. If yes, please provide details with
supporting documents.
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CERTIFICATE
Certified that the data/ information furnished in this statement is true and correct. The
statement has been compiled from the books of account and other records of the
company and are true and correct to the best of our knowledge and belief.
For and on behalf of <Name of the Company>
(Signature of the Authorized Signatory)
Name: ________________
Designation: ________________
Company Seal: ________________
Date: __________
Place: __________
Auditor's Certificate
We, M/s ____________, the Statutory Auditor of the…………………. (Name of the
company) have examined the Books of Account and other records maintained in respect
of the capital funds, risk assets/exposures etc., as on __________________ and
statements/certificate hereinabove made by the Managing Director/Chief Executive
Officer of the Company or its authorised representative. We, certify that the information
furnished above is true and correct.
Statutory Auditors: _________________
Membership No.: _________________
Name of Signatory: _________________
Office Seal: _________________
Date: __________
Place: __________
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Annex XVI
Guidelines for entry of Housing Finance Companies into Insurance Business
The guidelines for entry of housing finance companies into insurance business are as
follow:
1. Taking up Insurance Agency Business:
HFCs having Net Owned Fund (NOF) of not less the prescribed NOF as per
Paragraph 5 of these directions may take up insurance agency business on fee basis
and without any risk participation, without the approval of the Bank, subject to the
following conditions:
1.1. The HFC should obtain requisite permission from Insurance Regulatory and
Development Authority (IRDA) and comply with the IRDA regulations for acting as
'composite corporate agent' with insurance companies;
1.2. The HFC should not adopt any restrictive practice of forcing its customers to go in
only for a particular insurance company in respect of assets financed by it. The
customers should be allowed to exercise their own choice;
1.3. As the participation by a HFC's customer in insurance products is purely on a
voluntary basis, it should be stated in all publicity material distributed by it in a
prominent way. There should be no 'linkage' either direct or indirect between the
provision of financial services offered by the HFC to its customers and use of the
insurance products;
1.4. The premium should be paid by the insured directly to the insurance company
without routing through the HFC; and
1.5. The risks, if any, involved in insurance agency should not get transferred to the
business of the HFC.
2. Setting up insurance Joint Venture (JV) with equity contribution on risk
participation basis
2.1. HFCs which satisfy the eligibility criteria given below will be permitted to set up an
Insurance JV Company for undertaking insurance business with risk participation,
subject to safeguards and risk mitigation strategy in place. The maximum equity
contribution such an HFC can hold in the JV Company will normally be 50 per cent
of the paid-up capital of the insurance company. On a selective basis, the Bank
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may permit a higher equity contribution by a promoter HFC initially, pending
divestment of equity within the prescribed period. The eligibility criteria for joint
venture participant will be as under:
a. The NOF of the HFC should not be less than ₹500 crore;
b. The CRAR of the HFC should be not less than 12%;
c. The level of net non-performing assets should be not more than 3% of the total
outstanding assets, including loans and advances taken together;
d. The HFC should have net profit for the last three continuous years;
e. The track record of the performance of the subsidiaries, if any, of the concerned
HFC should be satisfactory;
f. Regulatory compliances and servicing public deposits, if held.
2.2. In case where a foreign partner contributes 26 per cent of the equity with the
approval of IRDA/ Foreign Investment Promotion Board, more than one HFC may
be allowed to participate in the equity of the Insurance JV Company. As such
participants will also assume insurance risk, only those HFCs which satisfy the
criteria given in Paragraph 2.1 above, would be eligible.
2.3. In case more than one company (irrespective of doing financial activity or not) in
the same group of the HFC wishes to take a stake in the insurance company, the
contribution by all companies in the same group shall be counted for the limit of 50
per cent prescribed for the HFC in an Insurance JV Company.
2.4. In cases where IRDA issues calls for capital infusion into the Insurance JV
Company, the Bank may, on a case to case basis, consider need based relaxation
of the 50% group limit specified above. The relaxation, if permitted, will be subject
to compliance by the HFC with all regulatory conditions specified under the
guidelines and such other conditions as may be necessary in the specific case.
3. Making investments in the insurance company
HFCs which are not eligible as joint venture participants, as above or otherwise can
make investments up to 10 per cent of the Owned Fund of the HFC or ₹ 50 crore,
whichever is lower, in the insurance company. Such participation shall be treated as
an investment and should be without any contingent liability for the HFC. The eligibility
criteria for the HFC will be as under –
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3.1. The NOF of the HFC should not be less than ₹ 100 crore;
3.2. The CRAR of the HFC should be not less than 12%;
3.3. The level of net non-performing assets should be not more than 3% of the total
outstanding assets taken together;
3.4. The HFC should have net profit for the last three continuous years;
3.5. The track record of the performance of the subsidiaries, if any, of the concerned
HFC should be satisfactory;
3.6. Regulatory compliance and servicing public deposits, if held.
4. No HFC would be allowed to conduct such business departmentally. A subsidiary or
a company in the same group of an HFC or of another HFC engaged in the business
of housing finance or banking will not normally be allowed to join the insurance
company on risk participation basis.
5. HFCs entering into insurance business as joint venture participant or investor or on
risk participation basis will be required to obtain prior approval of the Bank. Application
along with supporting documents is to be submitted by the HFC to the Bank. The Bank
will give permission to HFC on case to case basis keeping in view all relevant factors.
It should be ensured that risks involved in insurance business do not get transferred
to the HFC and that the HFC business does not get contaminated by any risks which
may arise from insurance business. There should be an 'arms-length' relationship
between the HFCs and the insurance outfit.
6. Board Approved Policy
A comprehensive Board approved policy regarding undertaking insurance distribution,
whether under the agency or the broking model should be formulated and services
should be offered to customers in accordance with this policy. The policy will also
encompass issues of customer appropriateness and suitability as well as grievance
redressal. It may be noted that as IRDA Guidelines do not permit group entities to take
up both corporate agency and broking in the same group even through separate
entities, HFCs or their group entities may undertake either insurance broking or
corporate agency business.
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7. Compliance with IRDA Guidelines
7.1. The IRDA (Licensing of Corporate Agents) Regulations, 2002, as amended from
time to time, as applicable, should be complied with by HFCs undertaking these
activities.
7.2. The deposit to be maintained by an insurance broker as per the IRDA (Licensing
of Banks as Insurance Brokers) Regulations, 2013, as amended from time to time,
should be maintained with a scheduled commercial bank.
8. Ensuring Customer Appropriateness and Suitability
While undertaking insurance distribution business, either under the corporate agency
or broking model under the relevant IRDA Regulations, HFCs must keep the following
in view:
8.1. All employees dealing with insurance agency/ broking business should possess
the requisite qualification prescribed by IRDA.
8.2. There should be a system of assessment of the suitability of products for
customers. Pure risk term products with no investment or growth components that
are simple and easy for the customer to understand will be deemed universally
suitable products. More complex products with investment components will require
the HFC to necessarily undertake a customer need assessment prior to sale. It
should be ensured that there is a standardized system of assessing the needs of
the customer and that initiation/ transactional and approval processes are
segregated.
8.3. HFCs should treat their customers fairly, honestly and transparently, with regard
to suitability and appropriateness of the insurance product sold.
9. Prohibition on Payment of Commission/ lncentive directly to HFC Staff
There should be no violation of the guidelines issued by IRDA in payment of
commissions/ brokerage/ incentives. This may be factored in while formulating a
suitable performance assessment and incentive structure for staff. Further, it must be
ensured that no incentive (cash or non-cash) should be paid to the staff engaged in
insurance broking/ corporate agency services by the insurance company.
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10. Transparency and Disclosures
10.1. The HFCs should not follow any restrictive practices of forcing a customer to either
opt for products of a specific insurance company or link sale of such products to
any banking product. It should be prominently stated in all publicity material
distributed by the HFC that the purchase by an HFC's customer of any insurance
products is purely voluntary, and is not linked to availment of any other facility from
the HFC.
10.2. Further, the details of fees/ brokerage received in respect of insurance broking/
agency business undertaken by them should be disclosed in the 'Notes to
Accounts' to their Balance Sheet.
Notes:
1. Holding of equity by a promoter HFC in an insurance company or participation in any
form in insurance business will be subject to compliance with any rules and regulations
laid down by the IRDA/Central Government.
2. Eligibility criteria would be reckoned with reference to the latest available audited
balance sheet for the previous year;
3. Provisions of the National Housing Bank Act, 1987 would be applicable for such
investments while computing the Net Owned Fund of the HFC.
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Annex XVII
Guidelines on Wilful Defaulters
Purpose:
To put in place a system to disseminate credit information pertaining to willful defaulters
for cautioning housing finance companies so as to ensure that further finance is not made
available to them.
1. Introduction
The guidelines are prescribed to put in place the mechanism of reporting the
information on wilful defaults of ₹25 lakh and above by HFCs to all Credit Information
Companies (CICs).
2. Guidelines on Wilful Defaulters
2.1. Definitions of ‘Lender’, ‘Unit’ and ‘wilful default’
2.1.1. Lender: The term ‘lender’ covers all HFCs to which any amount is due, provided
it is arising on account of any banking transaction, including off balance sheet
transactions such as derivatives, guarantees and letters of credit.
2.1.2. Unit: The term ‘unit’ includes individuals, juristic persons and all other forms of
business enterprises, whether incorporated or not. In case of business
enterprises (other than companies), HFCs may also report (in the Director
column of Appendix XVII (a)), the names of those persons who are in charge
and responsible for the management of the affairs of the business enterprise.
2.1.3. Wilful Default: A ‘wilful default’ would be deemed to have occurred if any of the
following events is noted:
a. The unit has defaulted in meeting its payment/ repayment obligations to the
lender even when it has the capacity to honour the said obligations.
b. The unit has defaulted in meeting its payment/ repayment obligations to the
lender and has not utilised the finance from the lender for the specific
purposes for which finance was availed of but has diverted the funds for
other purposes.
c. The unit has defaulted in meeting its payment/ repayment obligations to the
lender and has siphoned off the funds so that the funds have not been
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utilized for the specific purpose for which finance was availed of, nor are the
funds available with the unit in the form of other assets.
d. The unit has defaulted in meeting its payment/ repayment obligations to the
lender and has also disposed off or removed the movable fixed assets or
immovable property given for the purpose of securing a term loan without
the knowledge of the HFC/ lender.
The identification of the wilful default should be made keeping in view the track
record of the borrowers and should not be decided on the basis of isolated
transactions/ incidents. The default to be categorized as wilful, must be
intentional, deliberate and calculated.
2.2. Diversion and siphoning of funds
2.2.1. Diversion of Funds: The term ‘diversion of funds’ referred to at Paragraph
2.1.3(b) above, should be construed to include any one of the undernoted
occurrences:
a. utilization of short-term working capital funds for long-term purposes not in
conformity with the terms of sanction;
b. deploying borrowed funds for purposes / activities or creation of assets
other than those for which the loan was sanctioned;
c. transferring borrowed funds to the subsidiaries / companies in the same
group or other corporates by whatever modalities;
d. routing of funds through any bank or members of consortium without prior
permission of the lender;
e. investment in other companies by way of acquiring equities / debt
instruments without approval of lenders;
f. shortfall in deployment of funds vis-à-vis the amounts disbursed / drawn and
the difference not being accounted for.
2.2.2. Siphoning of Funds: The term ‘siphoning of funds’, referred to at Paragraph
2.1.3(c) above, should be construed to occur if any funds borrowed from HFCs
are utilised for purposes unrelated to the operations of the borrower, to the
detriment of the financial health of the entity or of the lender. The decision as
to whether a particular instance amounts to siphoning of funds would have to
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be a judgment of the lenders based on objective facts and circumstances of the
case.
2.3. Cut-off Limits
While the penal measures indicated at Paragraph 2.5 below would normally be
attracted by all the borrowers identified as wilful defaulters or the promoters
involved in diversion/ siphoning of funds, keeping in view the present limit of ₹25
lakh fixed by the Central Vigilance Commission (CVC) for reporting of cases of
wilful default, any wilful defaulter with an outstanding balance of ₹25 lakh or more,
would attract the penal measures stipulated at Paragraph 2.5 below. This limit of
₹25 lakh may also be applied for the purpose of taking cognizance of the instances
of siphoning/ diversion of funds.
2.4. End-Use of Funds
In cases of project financing, the HFCs seek to ensure end use of funds by, inter
alia, obtaining certification from the Chartered Accountants for the purpose. In case
of short-term corporate/ clean loans, such an approach ought to be supplemented
by 'due diligence' on the part of lenders themselves, and to the extent possible,
such loans should be limited to only those borrowers whose integrity and reliability
are above board. The HFCs, therefore, should not depend entirely on the
certificates issued by the Chartered Accountants but strengthen their internal
controls and the credit risk management system to enhance the quality of their loan
portfolio.
The requirement and related appropriate measures in ensuring end-use of funds
by the HFCs, should form a part of their loan policy document. The following are
some of the illustrative measures that could be taken by the lenders for monitoring
and ensuring end-use of funds:
a. Meaningful scrutiny of quarterly progress reports/ operating statements/
balance sheets of the borrowers;
b. Regular inspection of borrowers’ assets charged to the lenders as security;
c. Periodical scrutiny of borrowers’ books of accounts and the ‘no-lien’ accounts
maintained with other banks;
d. Periodical visits to the assisted units;
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e. System of periodical stock audit, in case of working capital finance;
f. Periodical comprehensive management audit of the ‘credit’ function of the
lenders, so as to identify the systemic-weaknesses in their credit
administration.
(It may be kept in mind that this list of measures is only illustrative and by no means
exhaustive.)
2.5. Penal Measures
The following measures should be initiated by the HFCs against the wilful
defaulters identified as per the definition indicated at Paragraph 2.1.3 above:
2.5.1. No additional facilities should be granted by any HFC to the listed wilful
defaulters. In addition, such companies (including their entrepreneurs/
promoters) where HFCs have identified siphoning/ diversion of funds,
misrepresentation, falsification of accounts and fraudulent transactions, should
be debarred from institutional finance from the HFCs, SCBs, FIs, NBFCs, for
floating new ventures for a period of 5 years from the date of removal of their
name from the list of wilful defaulters as published/ disseminated by RBI/ CICs.
2.5.2. The legal process, wherever warranted, against the borrowers/ guarantors and
foreclosure for recovery of dues should be initiated expeditiously. The lenders
may initiate criminal proceedings against wilful defaulters, wherever necessary.
2.5.3. Wherever possible, the HFCs should adopt a proactive approach for a change
of management of the wilfully defaulting borrower unit.
2.5.4. A covenant in the loan agreements, with the companies to which the HFCs
have given funded/ non-funded credit facility, should be incorporated by the
HFCs to the effect that the borrowing company should not induct on its Board
a person whose name appears in the list of wilful defaulters and that in case,
such a person is found to be on its Board, it would take expeditious and
effective steps for removal of the person from its board.
It would be imperative on the part of the HFCs to put in place a transparent
mechanism for the entire process so that the penal provisions are not misused and
the scope of such discretionary powers are kept to the barest minimum. It should
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also be ensured that a solitary or isolated instance is not made the basis for
imposing the penal action.
2.6. Guarantees furnished by individuals, companies in the same group and not
in the same group
While dealing with wilful default of a single borrowing company in a Group, the
HFCs should consider the track record of the individual company, with reference
to its repayment performance to its lenders. However, in cases where guarantees
furnished by the companies in the same Group on behalf of the wilfully defaulting
units are not honored when invoked by the HFCs, such companies in the same
group should also be reckoned as wilful defaulters.
In connection with the guarantors, in terms of Section 128 of the Indian Contract
Act, 1872, the liability of the surety is co-extensive with that of the principal debtor
unless it is otherwise provided by the contract. Therefore, when a default is made
in making repayment by the principal debtor, the lender will be able to proceed
against the guarantor/ surety, even without exhausting the remedies against the
principal debtor. As such, where a lender has made a claim on the guarantor on
account of the default made by the principal debtor, the liability of the guarantor is
immediate. In case the said guarantor refuses to comply with the demand made
by the creditor/ lender, despite having sufficient means to make payment of the
dues, such guarantor would also be treated as a wilful defaulter. HFCs may ensure
that this position is made known to all guarantors at the time of accepting
guarantees and it should also be a part of Fair Practice Code (FPC) of HFCs.
2.7. Role of auditors
In case any falsification of accounts on the part of the borrowers is observed by
the HFCs, and if it is observed that the auditors were negligent or deficient in
conducting the audit, they should lodge a formal complaint against the auditors of
the borrowers with the Institute of Chartered Accountants of India (ICAI) to enable
the ICAI to examine and fix accountability of the auditors. Pending disciplinary
action by ICAI, the complaints may also be forwarded to the NHB, RBI (Department
of Supervision, Central Office) and IBA for records.
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With a view to monitoring the end-use of funds, if the lenders desire a specific
certification from the borrowers’ auditors regarding diversion/ siphoning of funds
by the borrower, the lender should award a separate mandate to the auditors for
the purpose. To facilitate such certification by the auditors, the HFCs will also need
to ensure that appropriate covenants in the loan agreements are incorporated, so
as to enable award of such a mandate by the lenders to the borrowers/ auditors.
In addition to the above, HFCs are advised that with a view to ensuring proper end
use of funds and preventing diversion/ siphoning of funds by the borrowers, lenders
could consider engaging their own auditors for such specific certification purpose
without relying on certification given by borrower’s auditors. However, this cannot
substitute a HFC’s basic minimum own diligence in the matter.
2.8. Role of Internal Audit/ Inspection
The aspect of diversion of funds by the borrowers should be adequately looked
into while conducting internal audit/ inspection of their offices/ branches and
periodical reviews on cases of wilful defaults should be submitted to the Audit
Committee of the HFC.
2.9. Reporting to Credit Information Companies
2.9.1. All housing finance companies (HFCs) shall become members of all CICs and
submit requisite data to CICs.
2.9.2. HFCs should submit the list of suit-filed accounts and non-suit filed accounts of
wilful defaulters of ₹25 lakh and above on a monthly or more frequent basis to
all Credit Information Companies. This would enable such information to be
available to the HFCs on a near real time basis.
Explanation In this connection, it is clarified that HFCs need not report cases
where:
(a) outstanding amount falls below ₹25 lakh and
(b) in respect of cases where HFCs have agreed for a compromise settlement
and the borrower has fully paid the compromised amount.
2.9.3. Credit Information Companies (CICs) have also been advised to disseminate
the information pertaining to suit filed accounts of wilful defaulters on their
respective websites.
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3. Mechanism for identification of Wilful Defaulters
The mechanism referred to in Paragraph 2.5 above should generally include the
following:
3.1. The evidence of wilful default on the part of the borrowing company and its
promoter/ whole-time director at the relevant time should be examined by an
Identification Committee headed by an Executive Director or equivalent or below
the rank of Chairman/ Chairman & Managing Director or the Managing Director &
Chief Executive Officer/ CEOs and consisting of two other senior officers of the
rank of GM/ DGM.
3.2. If the Identification Committee concludes that an event of wilful default has
occurred, it shall issue a Show Cause Notice to the concerned borrower and the
promoter/ whole- time director and call for their submissions and after considering
their submissions, issue an order recording the fact of wilful default and the
reasons for the same. An opportunity should be given to the borrower and the
promoter/ whole-time director for a personal hearing if the Committee feels such
an opportunity is necessary.
3.3. The Order of the Identification Committee should be reviewed by another
Committee called Review Committee, headed by the Chairman/ Chairman &
Managing Director or the Managing Director & Chief Executive Officer/ CEOs and
consisting, in addition, to two independent directors/ non-executive directors of the
HFCs and the Order shall become final only after it is confirmed by the said Review
Committee. However, if the Identification Committee does not pass an Order
declaring a borrower as a wilful defaulter, then the Review Committee need not be
set up to review such decisions.
3.4. As regard a non-promoter/ non-whole time director, it should be kept in mind that
Section 2(60) of the Companies Act, 2013 defines an officer who is in default to
mean only the following categories of directors:
3.4.1. Whole-time director;
3.4.2. where there is no key managerial personnel, such director or directors as
specified by the Board in this behalf and who has or have given his or their
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consent in writing to the Board to such specification, or all the directors, if no
director is so specified;
3.4.3. every director, in respect of a contravention of any of the provisions of
Companies Act, who is aware of such contravention by virtue of the receipt by
him of any proceedings of the Board or participation in such proceedings and
who has not objected to the same, or where such contravention had taken
place with his consent or connivance.
Therefore, except in very rare cases, a non-whole time director should not be
considered as a wilful defaulter unless it is conclusively established that:
(a) he/ she was aware of the fact of wilful default by the borrower by virtue of
any proceedings recorded in the minutes of meeting of the Board or a
Committee of the Board and has not recorded his objection to the same in
the Minutes; or,
(b) the wilful default had taken place with his consent or connivance.
The above exception will however not apply to a promoter director even if not
a whole time director.
3.5. A similar process as detailed in Sub-paragraphs 3.1 to 3.3 above should be
followed when identifying a non-promoter/ non-whole-time director as a wilful
defaulter.
4. Criminal Action against Wilful Defaulters
HFCs are further advised to follow as under:
4.1. Monitoring End-Use of Funds
In reference to Paragraph 2.4 above, it is advised that HFCs should closely monitor
the end-use of funds and obtain certificates from borrowers certifying that the funds
are utilised for the purpose for which they were obtained. In case of wrong
certification by the borrowers, HFCs may consider appropriate legal proceedings,
including criminal action wherever necessary, against the borrowers.
4.2. Criminal Action by HFCs
It is essential to recognise that there is scope even under the existing legislations
to initiate criminal action against wilful defaulters depending upon the facts and
circumstances of the case under the provisions of Sections 403 and 415 of the
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Indian Penal Code (IPC), 1860. HFCs are, therefore, advised to seriously and
promptly consider initiating criminal action against wilful defaulters or wrong
certification by borrowers, wherever considered necessary, based on the facts and
circumstances of each case under the above provisions of the IPC to comply with
our instructions and the recommendations of JPC.
It should also be ensured that the penal provisions are used effectively and
determinedly but after careful consideration and due caution. Towards this end, HFCs
are advised to put in place a transparent mechanism, with the approval of their Board,
for initiating criminal proceedings based on the facts of individual case.
5. Reporting
5.1. Need for Ensuring Accuracy
Credit Information Companies disseminate information on non-suit filed and suit
filed accounts respectively of wilful defaulters, as reported to them by the HFCs
and therefore, the responsibility for reporting correct information and also accuracy
of facts and figures rests with the concerned HFCs. HFCs may also ensure the
facts about directors, wherever possible, by cross-checking with Registrar of
Companies.
5.2. Position regarding Guarantors
HFCs may take due care to follow the provisions set out in Paragraph 3 above in
identifying and reporting instances of wilful default in respect of guarantors also.
While reporting such names to CICs, HFCs may include ‘Guar’ in brackets i.e.
(Guar) against the name of the guarantor and report the same in the Director
column.
5.3. Government Undertakings
In the case of Government undertakings, it should be ensured that the names of
directors are not reported. Instead, a legend ‘Government of -------- undertaking’
should be added.
5.4. Inclusion of Director Identification Number (DIN)
Ministry of Corporate Affairs had introduced the concept of a Director Identification
Number (DIN) with the insertion of Sections 266A to 266G in the Companies
(Amendment) Act, 2006. In order to ensure that directors are correctly identified
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and in no case, persons whose names appear to be similar to the names of
directors appearing in the list of wilful defaulters, are wrongfully denied credit
facilities on such grounds, HFCs have been advised to include the Director
Identification Number (DIN) as one of the fields in the data submitted by them to
Credit Information Companies.
It is reiterated that while carrying out the credit appraisal, HFCs should verify as to
whether the names of any of the directors of the companies appear in the list of
defaulters/ wilful defaulters by way of reference to DIN/ PAN etc. Further, in case
of any doubt arising on account of identical names, HFCs should use independent
sources for confirmation of the identity of directors rather than seeking declaration
from the borrowing company.
5.5. Sharing of contact details of Nodal Officers dealing with CICs
For better coordination with CICs, HFCs should forward the complete details of the
nodal officers (name, designation, contact no., email id) to all the CICs. Further,
the details of the nodal officer with whom the CICs need to coordinate in respect
of disputes/ complaints on data reported should also be forwarded.
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Appendix XVII (a)
(Refer Para 2.9 of Annex)
Format for submission of data on cases of wilful default of ₹25 lakh & above (Suit
filed and Non-Suit filed) to all CICs on monthly or more frequent basis:
The HFCs are required to submit data of wilful defaulters on FTP Platform and/or in
Compact Disks (CDs) to all CICs on monthly or more frequent basis, using the following
structure (with the same field names):
Field Field Name Type Width Description Remark
1. SCTG Numeric 1 Category of HFC Number 7 should be fed
7. Housing Finance
2. BKNM Character 40 Name of HFC Companies
3. BKBR Character 30 Branch Name Name of HFC
4. STATE Character 15 Name of State Name of the Branch
Name of state in which branch is
5. SRNO Numeric 4 Serial No. situated
6. PRTY Character 45 Name of party Serial No.
7. REGADDR Character 96 Registered The legal name
Address Registered office Address
8. OSAMT Numeric 6 Outstanding
amount in ₹ In case of suit-filed accounts, the
9. SUIT Character 4 Lakhs (Rounded amount for which suit has been filed
off) should be indicated
10 OTHER_HFC/ Character 40 Suit filed or not
BK/FI Whether the suit is filed against the
Name of other party. Type 'SUIT' in case suit is filed.
11 DIR1 Character 40 HFCs/ Banks/ For other cases, this field should be kept
FIs blank.
The names of other HFCs/ banks/FIs
Name of Director from whom the party has availed credit
facility should be indicated. The names
may be fed in abbreviated form e.g.
HDFC for Housing Development
Finance Corporation Ltd., BOB for Bank
of Baroda, SBI for State Bank, etc.
(a) Full name of Director should be
indicated.
(b) In case of Govt. companies, the
legend ‘Govt. of ___ undertaking’ alone
should be mentioned.
(c) Against the names of nominee
directors of HFCs/ Banks/ FIs/ Central
Govt./ State Govt. abbreviation 'Nom'
should be indicated in the brackets.
(d) Against the name of independent
directors, abbreviation ‘Ind’ should be
indicated in the brackets.
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12 DIN_DIR1 Numeric 8 Director 8 digit Director Identification Number of
Identification the Director at DIN1
13 DIR2 Character 40 Number of DIR1
14 DIN_DIR2 Numeric 8 Name of Director As in DIR1
Director 8 digit Director Identification Number of
15 DIR3 Character 40 Identification the Director at DIN2
16 DIN_DIR3 Numeric 8 Number of DIR1
Name of Director As in DIR1
17 DIR4 Character 40 Director 8 digit Director Identification Number of
18 DIN_DIR4 Numeric 8 Identification the Director at DIN3
Number of DIR1
19 DIR5 Character 40 Name of Director As in DIR1
20 DIN_DIR5 Numeric 8 Director 8 digit Director Identification Number of
Identification the Director at DIN4
21 DIR6 Character 40 Number of DIR1
22 DIN_DIR6 Numeric 8 Name of Director As in DIR1
Director 8 digit Director Identification Number of
23 DIR7 Character 40 Identification the Director at DIN5
24 DIN_DIR7 Numeric 8 Number of DIR1
Name of Director As in DIR1
25 DIR8 Character 40 Director 8 digit Director Identification Number of
26 DIN_DIR8 Numeric 8 Identification the Director at DIN6
Number of DIR1
27 DIR9 Character 40 Name of Director As in DIR1
28 DIN_DIR9 Numeric 8 Director 8 digit Director Identification Number of
Identification the Director at DIN7
29 DIR10 Character 40 Number of DIR1
30 DIN_DIR10 Numeric 8 Name of Director As in DIR1
Director 8 digit Director Identification Number of
31 DIR11 Character 40 Identification the Director at DIN8
32 DIN_DIR11 Numeric 8 Number of DIR1
Name of Director As in DIR1
33 DIR12 Character 40 Director 8 digit Director Identification Number of
34 DIN_DIR12 Numeric 8 Identification the Director at DIN9
Number of DIR1
35 DIR13 Character 40 Name of Director As in DIR1
36 DIN_DIR13 Numeric 8 Director 8 digit Director Identification Number of
Identification the Director at DIN10
Number of DIR1
Name of Director As in DIR1
Director 8 digit Director Identification Number of
Identification the Director at DIN11
Number of DIR1
Name of Director As in DIR1
Director 8 digit Director Identification Number of
Identification the Director at DIN12
Number of DIR1
Name of Director As in DIR1
Director 8 digit Director Identification Number of
Identification the Director at DIN13
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37 DIR14 Character 40 Number of DIR1 As in DIR1
38 DIN_DIR14 Numeric 8 Name of Director 8 digit Director Identification Number of
Director the Director at DIN14
39 Total Bytes 953 Identification
Number of DIR1
a) If total numbers of directors exceed 14, the name of additional directors may be entered
in blank spaces available in the other directors’ columns
b) The data / information should be submitted in the above format on FTP Platform / CD.
While submitting the CD, the HFCs should ensure that:
• the CD is readable and is not corrupted / virus-affected.
• the CD is labelled properly indicating name of the HFC, name of the list and period to
which the list belongs, and the name of list indicated on label and in the letter are same.
• the name and width of each of the fields and order of the fields is strictly as per the
above format.
• records with outstanding amount of less than ₹25 lakh have not been included.
• suit-filed and non-suit-filed, both accounts have been included.
• use of following types of words have been avoided (as the fields can not be properly
indexed): ‘M/s’, ’Mr’, ‘Shri’ etc.
• the words ‘Mrs’, ‘Smt’, ‘Dr’ etc. have been fed at the end of name of the person, if
applicable.
• Except for field "SUIT" and some of the fields from DIR1 to DIR 14, as applicable,
information is completely filled in and columns are not kept blank.
c) In case of 'Nil' data, there is no need to send any CD and the position can be conveyed
through a letter/email.
d) A certificate signed by a sufficiently senior official stating that ‘the list of wilful defaulters
has been correctly compiled after duly verifying the details thereof and the Bank’s
instructions in this regard have been strictly followed’ is sent along with the CD.
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