‘Qualifying Assets’ refers to ‘housing finance’ or ‘providing finance for housing’ and will be subject to the following: HFCs which do not fulfil the above stated criteria will be treated as NBFC-Investment and Credit Companies (“NBFC-ICC”) and will be required to approach RBI for conversion of their CoR from HFCs to NBFC-ICC. Housing Finance Companies – Proposed changes by RBI, NeSL: THE NEW WAY OF ELECTRONIC EXECUTION, Social Distancing while approving financing transactions: MCA, SEBI Relaxations, Battling Covid-19 and Liquidity– The Twin Crisis of NBFC sector, How special are “special equities”- Analysis of invocation of bank guarantee during COVID-19, https://rbidocs.rbi.org.in/rdocs/PressRelease/PDFs/PR2510D33641BD388B4D42B16D21F3651FCC32.PDF, https://rbidocs.rbi.org.in/rdocs/PublicationReport/Pdfs/HFC7B2AB6B6997544B88136D80AC3C094F9.PDF, https://rbidocs.rbi.org.in/rdocs/PressRelease/PDFs/PR4198DC0F884BC40420B97CFC04971BA9E3E.PDF, http://egazette.nic.in/WriteReadData/2019/214071.pdf, https://rbidocs.rbi.org.in/rdocs/PressRelease/PDFs/6059.pdf, https://rbidocs.rbi.org.in/rdocs/notification/PDFs/MD49F29092016392149B3597145A1ACADCF520A1D1A97.PDF, https://rbidocs.rbi.org.in/rdocs/notification/PDFs/MD53E0706201769D6B56245D7457395560CFE72517E0C.PDF, https://nhb.org.in/wp-content/uploads/2018/06/NHBND-DRS-Policy-Circular-90-2017-18.pdf, https://rbidocs.rbi.org.in/rdocs/notification/PDFs/45MD01092016B52D6E12D49F411DB63F67F2344A4E09.PDF, https://nhb.org.in/wp-content/uploads/2019/07/MC01-Master-Circular-The-Housing-Finance-Companies-NHB-Directions-2010.pdf, https://rbidocs.rbi.org.in/rdocs/notification/PDFs/MD44NSIND2E910DD1FBBB471D8CB2E6F4F424F8FF.PDF, The Supreme Court Revisits the Consequences of Non-Payment of Stamp Duty on the Arbitration Agreement – Part II, Takeover of Publicly Traded Companies: Flashback 2020, The Supreme Court Revisits the Consequences of Non-Payment of Stamp Duty on the Arbitration Agreement – Part I, RBI Working Group on Digital Lending – Policy Suggestions. However, the term ‘housing finance’ was not defined under the NHB Act. Leena has extensive experience in general corporate and financing transactions, including acquisitions, structured finance and securitization transactions. E-mail: ho@nhb.org.in, Credit Risk Guarantee Fund Trust for Low Income Housing (CRGFTLIH), NHB SUVRIDDHI (Tax Saving ) Term Deposit Scheme, Report On Trend And Progress Of Housing In India, Development House, 24, Park Street, Kolkatta-700016 ( As per HFC’s letter dated 16-04-2019 observed in file). (Mint) NHB proposes to ease CAR of housing finance firms to 15% by March 2022 2% provision on total outstanding amounts of such loans. For those companies that do not currently fulfil the qualifying assets criteria but intends to continue as HFCs in future, the RBI will grant them a phased timeline, which is as follows. However, all reports as prescribed in the formats given in the said master directions may continue to be forwarded to NHB, New Delhi. In order to harmonise all instructions pertaining to fraud monitoring, RBI now proposes to make the said directions applicable to HFCs in place of present guidelines issued by NHB. Further, it may lend to and invest in (loans/investments taken together) by 5% of its owned fund to a single party and by 10% of its owned fund to a single group of parties. NHB.HFC.DIR.18/MD&CEO/2017 dated 02 nd August, 2017 has made certain amendments to the Housing Finance Companies (NHB) Directions, 2010 (‘Directions’). The company should obtain a certificate of registration (COR) from the National Housing Bank (NHB). List of Housing Finance Companies granted Certificate of Registration (COR), National Housing Bank, Further, the exposure of HFCs in capital market should not be more than 40% of its net worth, out of which, direct investment or exposure of HFCs in shares, convertible bonds/debentures, equity-oriented mutual funds and all exposures to venture capital funds should not exceed 20% of its net worth. NHB asks housing finance firms to stop funding ‘subvention schemes’ In a circular dated July 19, NHB asked the housing finance companies (HFCs) to stop funding such ‘subvention schemes’, including in cases where the loans have been sanctioned but disbursements are yet to commence. The housing finance companies must maintain registers about the depositors containing all the details, as stated in the deposit. 123, Angappa Naicken Street ,Chennai- 600 001, 201-202, 2nd Floor, Southend Square, Mansarovar Industrial Area, Jaipur-302020, Door No 501, 5th floor, Aishwarya Business Plaza, CST Rood, Kalina, Santacruz (E), Mumbai-400098, MAHARASHTRA, M – 4, Mezzanine Floor, South Extension Part-II, New Delhi – 110049, NO 20, 1st Floor, RRK Jayam, 28th Main, 37th Cross, Jayanagar 9th Block, Bangalore, 705 Arunachal Building, 19 Barakhamba Road, New Delhi- 110001, Express Building, 3rd Floor, 9-10, Bahadur Shah Zafar Marg, Delhi-110002, Thakur Arcade, 2nd Floor, Opp. The RBI took over the powers to regulate HFCs from the National Housing Bank (NHB) in August 2019. Existing HFCs will get 1 year to reach the level of Rs. National Housing Bank draws, accepts, discounts and re-discounts bills of exchange for housing finance.. 6. Since the NHB was the regulator, without the ability to monitor this method, it put a blanket ban on the scheme,” explains Rituraj Verma, partner at Nisus Finance. The RBI now proposes to define ‘housing finance’ or ‘providing finance for housing’ as: “Financing, for purchase/ construction/ reconstruction/ renovation/ repairs of residential dwelling units, which includes: The proposed draft also clarifies that housing loans will not include loans given for furnishing dwelling units or 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). The Central Government had, with effect from August 09, 2019, transferred regulatory powers of the Housing Finance Companies (“HFCs”) from the National Housing Bank (“NHB”) to the Reserve Bank of India (“RBI”). 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