Goldloan Microfinance & valuation of gold as per RBI


Banks and NBFC (non-banking finance companies), especially #goldloan companies has allowed by RBI to provide loan up to 75 percent of the value of the gold jewellery since, Jan 2014. As per RBI, for the purpose of determining the maximum permissible loan amount, will be only the intrinsic value of the gold content therein, and no other cost elements, such as making charges, should be added thereto.

Ownership of Gold:

In view of the fact that it may not be possible for borrowers to produce receipts establishing ownership, especially when the jewellery has been inherited, the #RBI clarified that the ownership verification need not necessarily be through original receipts for the jewellery pledged.

For verification, a suitable document could be prepared to explain how the ownership was determined, particularly in cases where the #goldjewellery pledged by a borrower at any one time or cumulatively on loan outstanding is more than 20 gm. NBFCs have been directed to put in place an explicit policy in this regard.

Purity of Gold:

The certified purity at the base of #22carat shall be applied for determining the maximum permissible loan and the reserve price for #auction. The #NBFCs can, however, include suitable caveats to protect themselves against disputes on redemption.

 ? http://goldloan.nbfc.in

? Email: ask@nbfc.in

 

 

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Gold Loan startup with Microfinance in Karnataka

There are multiple ways to start gold loan business, at start-up level you can start with money lending license or Nidhi Company etc before finally jumping to gold loan NBFC license by RBI.
Gold is one of the most influential financial instruments in India. Banks, NBFCs and unorganised lenders are actively engaged in providing loans against gold value. These loans have played a vital role by providing liquidity for an idle asset kept in the lockers. 

However, in its latest move, the RBI has come up with a norm for NBFCs that does not allow them to offer a loan above 60 per cent of the value of gold. 

The central bank has been uncomfortable with the high growth rate of gold loans for NBFCs and has increased its inquiry of the gold loan portfolios, even for the banks. 

The RBI wants interest rates and growth rates on gold loans to come down, especially for NBFCs, considering concentration risk and the risk of a fall in gold prices. 

Furthermore, the RBI’s directive that a bank credit to NBFCs for giving loans against gold jewellery will not be treated as exposure to the agricultural sector would hinder companies to raise easy funds for gold financing. 

Some of the key points from the RBI’s latest guidelines for NBFCs include transparency in interest rates, due diligence in understanding the repayment capacity of the borrower, awareness of his existing debts, explicit loan agreement, and so on. 

Also, NBFCs that have gold loans of more than 50 per cent of total financial assets have to maintain Tier-1 capital ratio of 12 per cent from April 2014.

A setback for NBFCs


The RBI’s guideline is a setback for NBFCs because the new rules require greater capital adequacy for the financing companies and the threshold for the value of loan against gold is proposed to be at a lower value. 

This would mean that ornaments of the same value are expected to result in a lesser loan amount and that too at a slightly higher cost. 

Let’s check out other aspects where NBFCs could be affected. Earlier, NBFCs used to provide up to 80 per cent loan against the gold; now, it would be reduced to a mere 60 per cent of the gold value. 

Gold loans from banks would now become more attractive than NBFCs until they are allowed to lend more on the value of pledged gold. 

The cost of funding for NBFCs would go up due to the RBI’s restriction to banks to club advances to NBFCs to finance gold loans along with other agricultural loans. Banks will now have to lend to NBFCs at higher rates of interest. 

NBFCs might also have to reduce the interest rate to sustain hold in the gold loan market. Hence the profit margin would come down significantly.

Cost of funding


Though this regulation would hit the revenue as well as bottom-line of the NBFCs there some positive aspects to this move: 

A point in favour of NBFCs is the fact that they already have a deep presence in the gold loan market. At present, NBFCs have a 32 per cent share of the total gold loan market. The gold loan would still be cheaper than the personal loan; so, the size of market is set to grow bigger in coming days. 

There are many untapped localities where NBFCs could have a better reach than the banks. 

The advantage of trouble-free and quick loan processing by NBFCs would give them the edge over the banks. NBFCs can raise funds through market borrowings, that is, commercial papers to lower the cost of the fund.

On gold loans


The RBI’s recent regulations have hit the top as well as bottomline of the NBFCs. In India, gold buying is a regular process, and the attraction to the yellow metal is expected to continue.. 

The regulations may negatively affect the gold loan business in the short term for NBFCs but, in the long term, the overall gold loan market is set to grow as long as the demand for gold is growing in the country.

Hindu / Mar 1, 2013
eMAIL: ask@nbfc.in

Interested to Make application for Gold Loan Company or get advisory and solution regarding it’s legal compliance then feel free to make a call back request.

Donation Aggregator for Karnataka NGO



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FCRA Compounding Lawyer for Karnataka NGO


The Section 11 of the FCRA, 2010 prescribes that no person, save as otherwise provided in the Act, shall accept foreign contribution unless such person obtains a certificate of registration or prior permission of the Central Government. Therefore, acceptance of foreign contribution without obtaining registration or prior permission from the Central Government constitutes an offence under the Act and is punishable.
   
===> Email: ask@fcra.in

===> Website: www.fcraonline.in
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The provisions of FCRA, 2010 regarding offences and penalties are ‒
Section 33: Making of false statement, declaration or delivering false accounts:
Any person, subject to this Act, who knowingly, —
  • (a) gives false intimation under sub-section (c) of section 9 or section 18; or
  • (b) seeks prior permission or registration by means of fraud, false representation or concealment of material fact, shall, on conviction by a court, be liable to imprisonment for a term which may extend to three years or with fine or with both.
Section 34: Penalty for article or currency or security obtained in contravention of Section 10:
If any person, on whom any prohibitory order has been served under section 10, pays, delivers, transfers or otherwise deals with, in any manner whatsoever, any article or currency or security, whether Indian or foreign, in contravention of such prohibitory order, he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both; and notwithstanding anything contained in the Code of Criminal Procedure, 1973, the court trying such contravention may also impose on the person convicted an additional fine equivalent to the market value of the article or the amount of the currency or security in respect of which the prohibitory order has been contravened by him or such part thereof as the court may deem fit
Section 35: Punishment for contravention of any provision of the Act:
Whoever accepts, or assists any person, political party or organisation in accepting, any foreign contribution or any currency or security from a foreign source, in contravention of any provision of this Act or any rule or order made thereunder, shall be punished with imprisonment for a term which may extend to five years, or with fine, or with both.
Section 36: Powers to impose additional fine where article or currency or security is not available for confiscation:
Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the court trying a person, who, in relation to any article or currency or security, whether Indian or foreign, does or omits to do any act which act or omission would render such article or currency or security liable to confiscation under this Act, may, in the event of the conviction of such person for the act or omission aforesaid, impose on such person a fine not exceeding five times the value of the article or currency or security or one thousand rupees, whichever is more, if such article or currency or security is not available for confiscation, and the fine so imposed shall be in addition to any other fine which may be imposed on such person under this Act.
Section 37: Penalty for offences where no separate punishment has been provided:
Whoever fails to comply with any provision of this Act for which no separate penalty has been provided in this Act shall be punished with imprisonment for a term which may extend to one year, or with fine or with both.
Section 38: Prohibition of acceptance of foreign contribution:
Notwithstanding anything contained in this Act, whoever, having been convicted of any offence under section 35 or section 37, in so far as such offence relates to the acceptance or utilisation of foreign contribution, is again convicted of such offence shall not accept any foreign contribution for a period of three years from the date of the subsequent conviction.
Section 39: Offences by companies:
  • (1) (1) Where an offence under this Act or any rule or order made thereunder has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly; Provided that nothing contained in this sub-section shall render such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
  • 2) Notwithstanding anything contained in sub-section (1), where an offence under this Act or any rule or order made thereunder has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation – for the purposes of this section,‒
    (a) (a) “company” means any body corporate and includes a firm, society, trade union or other association of individuals; and
    (b) ‘director” in relation to a firm, society, trade union or other association of individuals, means a partner in the firm or a members of the governing body of such society, trade union or other association of individuals.
    Section 40: Bar on prosecution of offences under the Act:
    No court shall take cognizance of any offence under this Act, except with the previous sanction of the Central Government or any officer authorised by that Government in this behalf.
Section 40: Bar on prosecution of offences under the Act:
No court shall take cognizance of any offence under this Act, except with the previous sanction of the Central Government or any officer authorised by that Government in this behalf.
Section 41: Compounding of certain offences:
  • (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any offence punishable under this Act (whether committed by an individual or association or any officer or employee thereof), not being an offence punishable with imprisonment only, may, before the institution of any prosecution, be compounded by such officers or authorities and for such sums as the Central Government may, by notification in the official gazette, specify in this behalf.
  • (2) Nothing in sub-section (1) shall apply to an offence committed by an individual or association or its officer or other employee within a period of three years from the date on which a similar offence committed by it or him was compounded under this section. Explanation – For the purposes of this section, any second or subsequent offence committed after the expiry of a period of three years from the date on which the offence was previously compounded, shall be deemed to be a first offence.
  • (3) Every officer or authority referred to in sub-section (1) shall exercise the powers to compound an offence, subject to the direction, control and supervisions of the Central Government.
  • (4) Every application for the compounding of an offence shall be made to the officer or authority referred to in sub-section (1) in such form and manner along with such fee as may be prescribed.
  • (5) Where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence, against the offender in relation to whom the offence is so compounded.
  • (6) (6) Every officer or authority referred to in sub-section (1), while dealing with a proposal for the compounding of an offence for a default in compliance with any provision of this Act which requires by an individual or association or its officer or other employee to obtain permission to file or register with or deliver or sent to, the Central Government or any prescribed authority any return account or other document, may, direct by order, if he or it thinks fit to do so, any individual or association or its officer or other employee to file or register with, such return, account or other document within such time as may be specified in the order.
 
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Q. Which are the offences that can be compounded and what would be the penalties therefor?
Ans: In terms of Gazette Notification S.O. 1976 (E) dated 26.08.2011, the categories of offences that can be compounded under section 41 of FCRA, 2010 and the quantum of penalty for compounding, as indicated against each of the offences, are ‒
Nature of offence; Quantum of penalty
  • (i) Acceptance of cheque or draft towards foreign contribution by a ‘person’ without registration or prior permission of the Central Government even in cases where the cheque or draft has not been deposited in a Bank by the ‘person’. Rs. 10,000/- or 2 per cent of the foreign contribution involved, whichever is higher.
  • (ii) Acceptance of cheque or draft by a ‘person’ towards foreign contribution without registration or prior permission of the Central Government and depositing the same in a Bank notwithstanding non-utilisation of the amount of the foreign contribution. Rs. 25,000/- or 3 per cent of the foreign contribution involved, whichever is higher.
  • (iii) Acceptance of foreign contribution by a ‘person’ without registration or prior permission of the Central Government and utilisation of the same notwithstanding any inquiry which revealed that the contribution received was not diverted towards any purpose other than the objectives or purpose for which the same was received, utilisation of the contribution was as per the objectives of receipt of the same and records of receipt and utilisation have been kept properly. Rs. 1,00,000/- or 5 per cent of the foreign contribution involved, whichever is higher.
  • (iv) Acceptance of foreign contribution in kind by a ‘person’ without registration or prior permission of the Central Government notwithstanding that nothing adverse was reported after inquiry. Rs. 10,000/- or 2 per cent of the foreign contribution involved, whichever is higher.
Q.  How to apply for compounding of an offence under FCRA, 2010?
Ans: An application for the compounding of an offence under section 41 of FCRA, 2010 is to be made to the Secretary, Ministry of Home Affairs, New Delhi on a plain paper along with a fee of Rs.1000/- (One Thousand only) in the form of a demand draft or a banker’s cheque in favour of the “Pay and Accounts Officer, Ministry of Home Affairs”, payable at New Delhi.
Q. What happens after an offence is compounded?
Ans: After payment of the penalty imposed and compounding of the offence, the person may be granted registration or prior permission, as the case may be, subject to its fulfilling all parameters.
Q.  What if the person is unwilling or unable to pay the penalty imposed?
 Ans: In the event of failure to pay the penalty, for whatever reason, necessary action for prosecution of the person shall be initiated.
Q. Which are the investigating agencies for investigating and prosecuting a person for violation of FCRA?
Ans. The Central Bureau of Investigation or the investigating agencies (Crime Branch) of the State Governments, cause of action of which arises in their respective States, are the designated agencies for investigating and prosecuting a person for violation of FCRA.
Q. Can an organization, whose violation under FCRA, 1976 has been condoned, apply for registration/prior permission?
Ans. Yes, after the violation committed by an association has been condoned, the association can apply for prior permission (PP) by submitting an application in form FC-3.
===> Email: ask@fcra.in

===> Website: www.fcraonline.in
===> Language: English & Hindi 
            Follow @ facebook.com/FCRAonline 

Note: As you know, gathering info, resources and hiring right services are a competitive process. So, you need to follow the basic biz ethics and not send spam emails or not make any unsolicited phone calls to concerned organization (either gov or pvt) with long, unrelated requests for information and support without knowing about it in correct manner else, chances of getting your work done will be drastically reduced. Also, this will discredit your Organization and can bring bad reputation to you as an individual. Please, email your exact requirement to: ask@fcra.in for getting all sorts of information and resources related to compliance, regulatory and registration of FCRA by email as well as on phone for FREE. You may also book an appointment for online consultation with Ozgian (experts at Ozg Law, find more @ www.ozgian.com).
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