Recovery Mechanism for NBFC is not covered under the SARFAESI Act. Though RBI has strengthened...
Government allows 100% FDI in ‘other financial services by NBFC. This great opportunity for Indian fin-tech startups to raise debt/equity funding from overseas investor. The process to raise fund in NBFC has been simplified vastly.
Post demonetization the demand of loan has been increased rapidly and with the robot fast and automated loan processing system. NBFC using technology and able to grow their books value consistently.
Indian banks are struggling due to traditional lending method& also RBI regulation is high as compare to NBFC.
In 2017 NBFCs improve their performance as per the RBI’s financial stability report. It says NBFC loans book grown up by 16.6% in the year 16-17. 200% as fast as the 8.8% credit growth across the Indian banking sector. Most of the NBFC are able to generate highest IRR 25% to 32% p.a. Short term SME & Personal lending seems to be useful fin-tech start-ups.
India witnessed a significant interest of foreign investors in the Indian NBFC sectors post liberalization of economy. A Non-Banking Financial Company (NBFC) is a company engaged in the business of loans and advances, acquisition of shares, stock, bonds hire-purchase, insurance business.
But does not include any institution whose principal business objective is agriculture or agriculture allied activity, ordinary business activity, purchase or sale of any goods (other than securities) or providing any services and sale/purchase/construction of immovable property.
All the provisions regarding foreign exchange are regulated by the FEMA, 2000 and the working and operations of NBFCs are regulated by the Reserve Bank of India (RBI) within the framework of the RBI Regulation Act 1934 and the directions issued by it. FDI in NBFCs has been allowed up to 100% subject to the minimum capitalization norms as issued by the Government.
As per the FDI policy, foreign investment in NBFC sector is permitted under the automatic route. An automatic route is one where no Foreign Investment Promotion Board (FIPB) or RBI approval is needed before making the proposed investment. In automatic route up to 100%, foreign investment is permitted without the approval of FIPB.
In accordance with the regulations framed under FEMA, all foreign transactions are required to routed only through entities licensed by the RBI. These regulation guide the fund in NBFC process.
Foreign investment was allowed under automatic route only in the below mentioned non-banking financial service activities which are as follows:
FDI Fund in NBFC are allowed through automatic route subject to compliance with the minimum capitalization norms and on the establishment of NBFCs, with the requisite capital under the FEMA Regulation, subsequent assortment either through Parent NBFC or through associate NBFCs could be undertaken without any further authorization.NBFCs, however, have to comply with the RBI Guidelines issued from time to time.
Non-Fund activities include Investment Advisory Services, Financial Consultancy, Forex Broking, Money Changing Business and Credit Rating Agencies.
The US $0.5 million to be brought upfront for all permitted non-fund based NBFCs irrespective of the level of foreign investment.
The Government of India, in order to boost up the economic activities in financial sectors, has approved some changes pertaining to the FDI requirements to ensure timely fund in NBFC.
The Reserve Bank of India on 9 September 2016 released a notification amending the Foreign Exchange Management (Transfer and Issue of Securities to Persons Resident Outside India) Regulations, 2000, as a measure to make the foreign investments in the ‘non-banking financial services’ sector easier. This Notification operationalizes the policy which was announced on 10 August 2016.
These recent changes of doing away with the minimum capitalization norms is a boon since it will spur economic growth by increasing FDI in the NBFC sector. Increasing FDI will be beneficial for the business due to the relatively easier and faster sanction of loans with favorable interest rates. This is certainly a welcome move and is expected to provide a much-needed boost to this sector.
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