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The Reserve Bank of India regulates Non-Banking Financial Companies in India, and they are subject to specific regulations and guidelines regarding advertisement and disclosure. Advertisements and statements in lieu of advertisement by NBFC soliciting public deposits are given under the Master Direction – Non-Banking Financial Companies Acceptance of Public Deposits (Reserve Bank) Directions, 2016.
According to the RBI regulation, every NBFC soliciting public deposits shall comply with the guidelines of the Non-Banking Financial Companies and Miscellaneous Non-Banking Companies (Advertisement) Rules, 1977. Let us examine the advertisement and statement in lieu of the advertisement by NBFC in detail in this blog.
The Non-Banking Financial Companies and Miscellaneous Non-Banking Companies (Advertisement) Rules, 1977, went into effect on July 1st, 1977. They set forth the format and content requirements for advertisements. It applies to all Non-Banking Financial Companies and various non-banking organisations. The forms and particulars of the advertisement are discussed below:
Advertisements issued in accordance with the results are valid for six months following the end of the fiscal year in which they were issued or until the date on which the company’s balance sheets were presented to the general meeting or, if the annual general meeting for a given year has not yet taken place, until the latest day on which the meeting should have been held in accordance with the Companies Act, whichever is earlier as discussed above.
A copy of the advertisement must be delivered to the Department of Non-Banking Companies Regional Office of the Reserve Bank of India, under the jurisdiction the company’s registered office is located, on or before the date it is issued. This copy must be signed by the majority of the directors who are on the Board of Directors that approved the advertisement or by their agents with written permission.
NBFCs are required to maintain these advertising standards to maintain transparency, safeguard the interest of the consumers, and prevent penalties or regulatory action for non-compliance. NBFCS must make sure that these advertising principles are followed. Also, they need to be updated with the RBI guidelines addressing the requirements for disclosure and advertising.
Read our Article:Closure of branch by non-banking financial company (NBFC)
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