1. Amendments To The Motor Vehicles Act, 1988 NBFC- AFCs’ Perspective
Presented by :
RAMAN AGGARWAL
Co-Chairman, Finance Industry Development Council (FIDC) &
Director, Bansal Credits Limited, New Delhi
Telefax: – 30, 1
Min. of Road Tpt. & Highways
27th November 2009

2. Asset Financing NBFCs (NBFC-AFCs)2 2
Min. of Road Tpt. & Highways
27th November 2009

3. OVERVIEW About 365 players registered as NBFC-AFCs with RBI
Spread all across the country
Total number of NBFCs is about 13,000
Total Asset base of Rs. 70,000 Cr as on March 31, 2008
Total deposit base of Rs. 2,000 Cr as on March 31, 2008
Financing Economically Productive Assets
Commercial vehicles
Passenger cars
Multi-utility & multi-purpose vehicles
Two-wheelers & Three-wheelers
Construction equipments
Consumer durables 3 3
Min. of Road Tpt. & Highways
27th November 2009

4. Role of NBFCs Prevent concentration of credit risk in banks only
Financial Inclusion – providing finance to unorganized and under banked segment of the society
Product innovation gives NBFCs a competitive edge
- used vehicles financing
- small ticket personal loans
- three wheeler financing
- IPO financing
- finance for tyres & fuel
Robust asset quality is major strength of NBFCs
Min. of Road Tpt. & Highways
27th November 2009

5. Role of NBFC-AFCs As recognized by RBI & Expert Committees / Taskforce
Development of sectors like Transport & Infrastructure
Substantial employment generation
Help & increase wealth creation
Broad base economic development
Irreplaceable supplement to bank credit in rural segments
Major thrust on semi-urban, rural areas & first time buyers / users
Provide finance to economically weaker sections – Financial Inclusion
Huge contribution to the State exchequer 5 5
Min. of Road Tpt. & Highways
27th November 2009

6. Customer Service The key factor for our survival & growth
Prompt, tailor made service with least hassles - Compensates for the higher lending rates of AFCs as compared to Banks & FIs
Personal Touch – guidance in insurance matters and help in their hour of need
NBFC-AFCs cater to a class of borrowers who are unbankable and who:-
- Do not necessarily have a high income
- But have adequate net worth
- Are honest and sincere (gauged by the personal touch maintained
with them). 6 6
Min. of Road Tpt. & Highways
27th November 2009

7. Finance Industry Development Council (FIDC)
Self Regulatory Organization (SRO)
For RBI Registered NBFC-AFCs
Registered as a Section 25 Company
Head Office in Mumbai with Regional Chapters started at Delhi, Kolkata, and Chennai
Code of Conduct & Fair Business Practices has been formulated and enforced
Full recognition from MOF,RBI, IBA & SIAM as the representative body of NBFC-AFCs
Equal representation to small & big NBFC-AFCs in the – Managing Committee 7 7
Min. of Road Tpt. & Highways
27th November 2009

8. FIDC - Purpose FIDC has been formed with a very clear focus
To protect the interest of its members
To promote Asset Finance Business
To represent to Govt., RBI & various statutory & Trade Bodies
To promote brotherhood amongst members
To ensure fair and ethical practices among its members
To bring NBFCs on the mainstream of the financial sector of the country
Min. of Road Tpt. & Highways
27th November 2009

9. Finance Industry Development Council (FIDC)
Major activities and Achievements
Invited by the Finance Minister for Pre-budget discussion
Invited by Governor, RBI twice a year before announcement of Credit Policy and its Mid-Term Review
Invited by RBI to address senior state govt. and state police officers
Invited by the special committee constituted by Govt. of India to tackle the recent liquidity crises
Invited by Economic Advisory Council to the P.M. for discussion on steps to be taken to boost credit off take in retail asset backed lending 9 9
Min. of Road Tpt. & Highways
27th November 2009

10. Finance Industry Development Council (FIDC)
Major activities and Achievements (Contd…)
After consultation with FIDC, Govt. of India announced a special line of credit for NBFCs engaged in commercial vehicle financing in the stimulus package announced in January, 2009
“FIDC Handbook on Repossession“ – A comprehensive document on all aspects relating to Repossession in case of default – Released by Dr. Justice AR. Lakshmanan, Former Supreme Court Judge and Chairman, Law Commission of India
“FIDC News” – A newsletter circulated on quarterly basis 10 10
Min. of Road Tpt. & Highways
27th November 2009

11. Issues Pertaining to The Motor Vehicles Act, 198811 11
Min. of Road Tpt. & Highways
27th November 2009

12. Overview
The tremendous growth shown by the transport sector has been possible due to ready finance provided by NBFC-AFCs and more recently by banks
The prime security in all finance agreements is the vehicle financed
Proper and speedy procedures are must for vehicle financing pertaining to:
lien in the R.C. in favor of the financier
sufficient safe guard to prevent fraudulent deletion of the lien
transfer of the R.C. in the name of the financier in case of repossessed vehicles
Financier’s liability to pay road tax arrears in case of transfer of repossessed vehicles in their name 12 12
Min. of Road Tpt. & Highways
27th November 2009

13. Amendments Required in Section 51
Section 51(2) – Change in registered owner in case of amalgamation of Companies
Issues
There is no provision for change in registered owner in case of registered owner being companies and amalgamation of such company
Suggestions
The registered owner in the R.C. should be changed to new company based on a letter from the transferee company alongwith a suitable proof
Such change should be made without disturbing the hypothecation endorsement in favour of the financier
Financier’s NOC to be mandatory for making such changes
Min. of Road Tpt. & Highways
27th November 2009

14. this provision has been misused by the borrower (registered owner)
Section 51(3) – Safeguards to prevent fraudulent cancellation of H.P./ Lease/ Hypothecation endorsement
Issues
this provision has been misused by the borrower (registered owner)
fraudulent cancellation of H.P./ Lease/ Hypothecation endorsement is done based on submission of the prescribed form with forged signatures of the financier
Suggestions
on receipt of the prescribed form for such cancellation the registering authority(RTA) shall seek confirmation from the financier within 7 days
the financier shall confirm in writing within 7 days from the receipt of notice from the RTA
Failing which it shall be construed that the financier have No Objection for cancellation of above said endorsement 14 14
Min. of Road Tpt. & Highways
27th November 2009

15. Section 51(5) – Issue of Fresh R. C
Section 51(5) – Issue of Fresh R.C. in the name of the Financier in case of Repossessed Vehicles
Issues
RTAs, taking advantage of the word “may”, refuse to issue fresh R.C. due to:
insisting on financiers to pay Road Tax/ Permit Fee arrears payable by the registered owner
asking financiers to pay the tax (arrears) applicable to corporates even when the registered owner is an individual
insisting on financiers to surrender the permit inspite of the fact that registered owner is the permit holder
There is no provision in the Act for issuance of R.C. in the financiers’ name in case of repossessed vehicles which are unregistered 15 15
Min. of Road Tpt. & Highways
27th November 2009

16. no time limit prescribed for such issuance
Section 51(5) – Issue of Fresh R.C. in the name of the Financier in case of Repossessed Vehicles (Contd..)
Issues
Frustrating delays in issuance of fresh R.C. in the name of financier due to:
no time limit prescribed for such issuance
RTAs send several notices to the defaulting registered owner despite the provision of only one such notice
The registered owner (defaulter) files his objection raising some disputes with the financiers which are outside the scope of The Motor Vehicles Act
the registered owner (defaulter) files objections saying the matter is sub-judice in a court of law
even when the financier submits original R.C. alongwith the application the RTA follows the usual process 16 16
Min. of Road Tpt. & Highways
27th November 2009

17. Section 51(5) – Issue of Fresh R. C
Section 51(5) – Issue of Fresh R.C. in the name of the Financier in case of Repossessed Vehicles (Contd..)
Suggestions
the word “may” should be replaced with the word “shall” in section 51(5)
a clear provision exempting the financier from the liability to pay the Road Tax arrears and the permit fee (the same should be recovered from the defaulting registered owner)
a clear provision exempting the financier from submission of the permit
a new provision for registration of unregistered repossessed vehicles directly in the name of financier
Only one notice to be sent to the defaulting registered owner by registered post with acknowledgement due at his address entered in the R.C.
a maximum period of 30 days should be prescribed for issuance of fresh R.C. 17 17
Min. of Road Tpt. & Highways
27th November 2009

18. Section 51(5) – Issue of Fresh R. C
Section 51(5) – Issue of Fresh R.C. in the name of the Financier in case of Repossessed Vehicles (Contd..)
Suggestions (Contd..)
the RTA should only verify on the default committed by the borrower as per the finance agreement
the onus of proving otherwise lies with the borrower (registered owner)
all other objections raised by the borrower pertaining to the dispute with the financier should not be entertained as RTA is not the proper forum for such disputes
Unless there is a specific court order against the financier or the RTA for transferring vehicles, such objections should not be entertained
In case the financier submits the original R.C., the RTA should issue fresh R.C. in its name under intimation to the borrower without going through the usual process 18 18
Min. of Road Tpt. & Highways
27th November 2009

19. Requirement of Trade Certificate under Chapter-III of The Central Motor Vehicle Rules, 1989
Issues
Trade Certificate is required by a dealer of motor vehicles for exemption from registration of new vehicles till the time it is sold and registered in the name of the owner
RTAs insist on financier to obtain & submit Trade Certificate for endorsement of Hypothecation in the financier name in the R.C. at the time of registration of a new vehicle
Suggestion
Trade Certificate should not be mandatory for RBI registered NBFC- AFCs
NBFC-AFCs should be given the choice to get the Trade Certificate and also decide the number of certificates required 19 19
Min. of Road Tpt. & Highways
27th November 2009

20. General Observations & Suggestions
A clear provision stating the financier’s Right to Repossess vehicles in case of default subject to terms and conditions/ guidelines prescribed by Reserve Bank of India
“Time is Money” and as such time limits should be prescribed for RTAs
A system of one time Road Tax (life time tax) should be introduced for all class of vehicles. This shall:
Address the problem of backlog of Road Tax arrears due to which many cases are pending before various courts all over the country
Enable the govt. to save large quantum of time and resources in collection of Road Tax
Not hurt the customer since a vast majority of vehicles purchased are financed 20 20
Min. of Road Tpt. & Highways
27th November 2009

21. THANK YOU 21 21
Min. of Road Tpt. & Highways
27th November 2009