Non–Banking Financial company(NBFC) Certification

Non–Banking Financial company(NBFC) Certification

An NBFC Overview

An NBFC, also known as Non-Banking Finance Company is a private or public limited company registered under Companies Act, 2013 and also has obtained COR (Certificate from Registration) from the Reserve Bank of India(RBI). The NBFC is primarily engaged in the business of providing loans and advances, acquisition of shares and stocks and other investible securities. RBI grants license to the NBFCs to carry out the business of providing various kinds of loans such as Personal Loans, Asset Financing, SME Lending, Gold Loans, Loan against Property, Loan against Shares, Short term Personal Loans, etc.

A non-banking institution that is a company and has principal business of receiving deposits under any scheme or arrangement by any mode is also a non-banking financial company (Residuary non-banking company).

Exclusions from the definition: The NBFC business does not include business whose principal business is the following:

  • Agricultural Activity
  • Industrial Activity
  • Purchase or sale of any goods excluding securities
  • Sale/purchase/construction of any immovable property – Providing of any services

Meaning of Principal Business: The Reserve Bank of India has defined financial activity as principal business to bring clarity to the entities that will be monitored and regulated as NBFC under the RBI Act. The criteria s is called the 50-50 test and its as follows:

  • The company’s financial assets must constitute 50% of the total assets.
  • The income from financial assets must constitute 50% of the total income.

Eligibility Criteria of NBFC Certification

Company should already be registered under Company Act 2013 or Company Act 1956, as private or public limited company

Company should have a business financial planning for at least 5 years

Good CIBIL score or credit rating

Minimum net owned funds shall be Rs. 2 crore or above

Minimum assets should be worth Rs. 200 crore or above

Must comply with the capital compliance and FEMA

One third of directors should have financial experience

The Different Types of NBFCs

The NBFCs can be categorised under two broad heads:

  • On the nature of their activity
  • On the basis of deposits

The different types of Non-Banking Financial Corporations/Company or NBFCs are as follows:

  • Asset Finance Company
  • Loan Company
  • Mortgage Guarantee Company
  • Investment Company
  • Core Investment Company
  • Infrastructure Finance Company
  • Micro Finance Company
  • Housing Finance Company

On the basis of deposits:

  • Deposit accepting Non-Banking Financial Corporations
  • Non-deposit accepting Non-Banking Financial Corporations

Difference Between Banks & NBFCs

NBFCs lend and make investments and hence their activities are akin to that of banks; however there are a few differences as given below:

  • NBFC cannot accept demand deposits;
  • NBFCs do not form part of the payment and settlement system and cannot issue cheques drawn on itself;
  • Deposit insurance facility of Deposit Insurance and Credit Guarantee Corporation is not available to depositors of NBFCs, unlike in case of banks.

Advantages of NBFC Certification

The benefits of NBFC registration are of diverse nature, which are as follows:

  • Provides Loan Facilities To Needy
  • Offer Wealth Management Services
  • Services Related To Underwriting
  • Last Resort Of Borrowing
  • Trading In Money Market
  • Quick In Functioning
  • Provides Multiple Choices Reaching Audience
  • Strong Regulations And Compliance
  • Allowed FDI
  • Low Operation Cost
  • Protection By Law For Recovery Of Loan
  • Loans To People Having A Poor Credit Score

FAQs

Does RBI registration mandatory for NBFCs?

Yes, RBI registration is mandatory for setting up NBFC in India under section 45-IA of the RBI Act, 1934.

Is there any type of NBFC which is exempt from RBI registration?

On the basis of their nature of activity, different types of NBFCs are regulated by different type of financial bodies such as RBI, SEBI, IRDA, and MCA.

Conclusion

Non-Banking Financial Companies play a crucial role in the financial ecosystem of India by providing various financial services and products. Their regulatory framework ensures stability and protection for investors and depositors.

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