Advertisement and statement in lieu of advertisement
13.(1) Every miscellaneous non-banking company shall comply with the provisions of the Non-Banking Financial Companies and Miscellaneous Non-Banking Companies (Advertisement) Rules, 1977 and shall also specify in every advertisement to be issued thereunder, the following :
(a) the actual rate of return by way of interest, premium, bonus or other advantage to the depositor;
(b) the mode of payment to depositor;
(c) maturity period of deposit;
(d) the interest payable on a specified deposit;
(e) the rate of interest which will be payable to the depositor in case the depositor withdraws the deposit prematurely, the terms and conditions subject to which a deposit will be renewed; and
(f) any other special features relating to the terms and conditions subject to which the deposits are accepted/renewed; and
1[(g) that the deposits solicited by it are not insured]
(2) Where a company intends to accept deposits without inviting or allowing or causing any other person to invite such deposits, it shall before accepting deposits, deliver to the Regional Office of the 2[Department of Supervision] of the Reserve Bank, within whose jurisdiction its registered office is situated, for registration, a statement in lieu of advertisement containing all the particulars required to be included in the advertisement pursuant to the Non-Banking Financial Companies and Miscellaneous Non-Banking Companies (Advertisement) Rules, 1977 as also the particulars stated in sub-paragraph (1) hereinabove, duly signed in the manner provided in the aforesaid Rules.
(3) A statement delivered under sub-paragraph (2) shall be valid till the expiry of six months from the date of closure of the financial year in which it is so delivered or until the date on which the balance sheet is laid before the company in general meeting or where the annual general meeting for any year has not been held, the latest day on which that meeting should have been held in accordance with the provisions of the Companies Act 1956 (1 of 1956), whichever is earlier, and a fresh statement shall be delivered in each succeeding financial year before accepting deposits in that financial year.
Note :
1. Inserted vide Notification No. DNBS 162/CGM(CSM)-2002 dated October 1, 2002
2. Substituted vide Notification No. DFC (COC) 87 ED(JRP)/96 dated July 24, 1996 |