10th May, 2002
Ministry of Law, Justice & Company Affairs
 


PRUDENTIAL NORMS FOR NIDHI COMPANIES REVISED


The Government in the Department of Company Affairs (DCA) has issued a notification modifying its earlier notification of July 26, 2001 to fix prudential norms for revenue recognition and classification of assets in respect of mortgage loans or jewel loans of Nidhi companies or Mutual Benefit Society with immediate effect. The DCA has also issued another notification revising its earlier notification of July 26, 2001 rationalizing further the norms and standards fixed for Nidhi or Mutual Benefit Society under Section 620A of the Companies Act, 1956. Both the notifications have been issued under sub-section (1) of Section 637A of the Companies Act, 1956.

No provision is required for standard asset for mortgage loan. Ten per cent of the aggregate outstanding amount has been fixed for sub-standard asset, 25 per cent of the aggregate outstanding amount for doubtful asset and 100 per cent of the aggregate for loss asset. The notification has defined standard asset, sub-standard asset, doubtful asset, loss asset and non-performing asset.

For mortgage loans given upto and outstanding as on March 31, 2000, compliance date that is date of the balance sheet has been fixed as on March 31, 2005 and for mortgage loans given upto and outstanding as on March 31, 2001, the compliance date of the balance sheet has been fixed at March 31, 2006 and for mortgage loans given upto March 31, 2002 the compliance date will be March 31, 2007. The notification also explains the norms for loans against jewellery, Government Securities or own deposits.

The new prudential norms for revenue recognition and classification of assets will be applicable to all Nidhi companies or Mutual Benefit Societies before or after the publication of this notification. The Central Government, however, shall modify the prudential norms in special cases.

The other notification provides for do's and don'ts and has addressed the concerns of the Nidhi companies and is based on a recent committee recommendations. It has defined Net Owned Funds as aggregate of paid up equity capital and free reserves as reduced by accumulated losses and intangible assets in the last audited balance sheet of the company. It provides for achieving prescribed ceiling of 1:20 of ratio of Net Owned Fund to deposits as on March 31, 2001. Accordingly, it will be by March 31, 2004, ratio of Net Owned Fund to deposits by more than 1:20 but upto 1:25 by March 31, 2005, for more than 1:25 but upto 1:40 by March 31, 2006, for more than 1:40 but upto 1:80 and by March 31, 2007 for more than 1:80 and above. It has fixed prescribed limit of 10 per cent of the total deposits achievable progressively. Accordingly, 2 per cent of the total deposits will be achieved by March 31, 2002, 5 per cent of total deposits by March 31, 2003 and 10 per cent of the total deposits by March 31, 2004. It has also fixed loans against immovable property not exceeding 50 per cent of the overall loan outstanding on the date of approval by the Board and the individual loan. It shall not exceed 50 per cent of the value of property offered as security. The period of such loan will not exceed seven years. It has further fixed periodicity of loan against fixed deposits not exceeding the remainder period of fixed deposits.