RBI / 2004-05 /359
DNBS (PD) C.C. No. 47 /02.01/ 2004-05
February 7, 2005
To
All Non-Banking Financial Companies (NBFCs)
accepting/holding public deposits
Dear Sir,
Cover for ‘public deposits’
As you are aware, NBFCs raise funds for their
operations from various sources like public deposits, bank borrowings, inter-corporate
deposits, secured/unsecured debentures, etc.
2. In order to ensure protection of depositors
interest, NBFCs 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. It shall be incumbent upon the NBFC
concerned to inform the Regional Office of the Reserve Bank in case the asset
cover calculated as above falls short of the liability on account of public
deposits.
3. Further, all NBFCs accepting/holding public
deposits are directed to create a floating charge on the statutory liquid assets
invested in terms of Section 45-IB of the RBI Act, 1934, in favour of their
depositors. Such charge should be duly registered in accordance with the requirements
of the Companies Act, 1956.
4. Please acknowledge receipt and report
compliance to the Regional Office of the Bank in whose jurisdiction your company
is registered.
Yours faithfully,
(O.P. Aggarwal)
Chief General Manager-in-Charge