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A non-Banking Financial Company (NBFC) refers to a financial institution. It is a type of company engaged in the business of receiving loans and advances, acquisition of stocks or shares, leasing, hire-purchase, insurance business, and chit business under the Companies Act 2013. In this article, we will discuss the Regulatory Requirements of NBFC in India;
In India, The Reserve Bank of India regulates the registration of NBFC. NBFC regulations provide a variety of banking and non-banking services to the concerned people. They do not hold banking license but they have to follow the rules and regulations laid down by RBI.
NBFCs functions are regulated and supervised by RBI according to the provisions mentioned in Chapter III B of the RBI Act 1934. NBFC registration must be done according to rules & regulations given in Section 45-IA of the RBI Act 1934. It must be duly registered as per Companies Act 2013.
The main business activity of the NBFCs is to raise capital funds from public depositors and investors and then lend to borrowers as per the rules and regulations prescribed by the Reserve Bank of India. NBFCs are becoming an alternative to the banking and financial sector. In NBFC, there is a requirement of a minimum net owned fund of Rs.10 Crore (Previously, it was Rs.2 Crore). While NBFC-P2P, NBFC-AA, and NBFCs with no public funds and no customer interface, the NOF shall continue to be INR 2 crore.
NBFCs can commence their operations only after obtaining a “Certificate of Registration” from the RBI[1].
*Provided that net owned funds should be calculated according to the last audited balance sheet of the company.
NBFC-ICC is a financial institution carrying on as its principal business- asset finance, the providing of finance, whether by making loans or advances or otherwise, for any activity other than its own and the acquisition of securities;
Suggested Read: RBI Merges Three Categories of NBFCs Into NBFC – Investment and Credit Company (NBFC-ICC) to Ease Operational Flexibility
Equipment Leasing Company is a financial institution carrying on its principal business of the activity of leasing equipment.
Hire Purchase Finance Company is a financial institution carrying on as its principal business the activity of hire purchase transactions.
An infrastructure Finance Company is a type of NBFC with a Net Owned Fund of Rs.300 Crore, Credit rating ‘A’ or equivalent credit rating, CRAR of 15% and 75% in infrastructure loans.
A Systematically Important Core Investment Company (assets Rs. 100 crore and above) is a company that has deployed at least 90% of its assets in the form of investment in shares or debt instruments or loans in group companies. 60% should be invested in equity shares or those instruments which can be compulsorily converted into equity shares out of 90%. Such type of companies accepts public funds.
Infrastructure Debt Funds can be set up either as a trust or as a company, and they are meant to infuse funds into the infrastructure sector.
In case Infrastructure Debt Funds are set up as a trust, it would be a mutual fund called IDF-MF regulated by SEBI. The mutual fund would issue rupee-denominated units of five years of maturity to raise funds for infrastructure projects.
In case Infrastructure Debt Funds set up as a company, it would be NBFC regulations will be regulated by the RBI. Such companies would be called IDF-NBFC. IDF-NBFC is a non-deposit-taking NBFC that has a Net Owned Fund of Rs 300 crores or more and which invests only in Public-Private Partnerships (PPP) and post-commencement operations date (COD) infrastructure projects which have completed at least one year of satisfactory commercial operation and becomes a party to a Tripartite Agreement.
NBFC-MFI is a non-deposit NBFC having it’s 85% of its assets in the form of microfinance. Microfinance should be in the form of loans given to those who have an annual income of Rs. 60,000 in rural areas and Rs. 120,000 in urban areas. Loans should not exceed Rs. 50000, and their tenure should not be less than 24 months.
There is an acquisition of receivables by way of assignment of such receivables or financing, there against either by way of loans or advances or by the creation of security interest over such receivables but does not include normal lending by a bank against the security of receivables, etc.
NBFC-Factoring company should have a minimum Net Owned Fund of Rs.10 Crore, and its financial assets in the factoring business should constitute at least 75 per cent of its total assets, and its income derived from the factoring business should not be less than 75 per cent of its gross income.
Housing Finance Company is a type of company which is engaged in the principal business of financing of acquisition or construction of houses which includes the development of plots of land for the construction of new houses.
Also, Read Revised Regulatory Norms for NBFCs as Notified by the Reserve Bank of India!.
They collect deposits from members on a periodic basis and distribute these funds among them as prizes. Members who enter into an agreement with Chit Company subscribe for a definite period. The Chit Fund Act 1982 governs the operations of the Chit Fund Company administered by the State Governments. While the Reserve Bank of India regulates deposit-taking activities.
Mutual Benefit Finance Companies, also called “Nidhis”, are non-banking finance companies that enable their members to pool their money with a predetermined investment objective. The main sources of funds are share capital, member deposits, and public deposits.
A Residuary Non-Banking Company is a type of NBFC having a principal business of receiving deposits under any scheme or arrangement or in any other manner and not being an investment, asset financing, and loan company. These types of companies are required to maintain investments as per directions of RBI, in addition to liquid assets.
The following Documents are required to be submitted to RBI along with the prescribed application form for NBFC registration as Type I – NBFC for obtaining a certificate and Registration from RBI as NBFC:
The following Documents are required to be submitted to RBI along with the prescribed application form for NBFC registration as Type II – NBFC for obtaining a certificate and Registration from RBI as NBFC:
(a) The company will be a member of all the Credit Information Companies and will be a member of at least one self-regulatory organization.
(b) The company will adhere to the regulations regarding the pricing of credit, Fair Practices in lending and non-coercive method of recovery as per RBI Guidelines.
(c) The company has fixed internal exposure limits to avoid any undesirable concentration in specific geographical locations.
(d) The company is not licensed under Section 8 of the Companies Act, 2013.
Board Resolution enclosing roadmap regarding the company will have financial assets in the factoring business constituting at least 50% of its total assets, and its income derived from the factoring business will not be less than 50% of its gross income (Specify the time frame).
Quarterly returns on deposit in the first schedule.
Quarterly return on prudential norms.
Quarterly return on liquid assets.
The annual return of critical parameters by a rejected company holding public deposits.
Monthly return on exposure to the capital market by deposit-taking NBFC with total assets of Rs. 100 crore or more.
Half-yearly by NBFC holding public deposits of more than Rs. 20 Crore or asset size of more than Rs. 100 Crore.
A quarterly statement of capital funds, risk-weighted assets, risk assets ratio, etc.
Monthly return on important financial parameters of NBFCs-ND-SI.
Monthly- statement of short-term dynamic liquidity in format NBS-ALM-1.
Half Yearly- Statement of structural liquidity in format NBS-ALM2
Half Yearly- Statement of interest rate sensitivity in format NBS-ALM-3
Quarterly return on important financial parameters of non-deposit taking NBFCregulations in India having assets of more than ₹ 50 crores and above but less than ₹ 100 crores. Basic information like the name of the company, address, Net Owned Fund, and profit/loss during the last three years has to be submitted quarterly by non-deposit-taking NBFCs with asset sizes between ₹ 50 crores and ₹ 100 crores.
Here are the following differences between NBFC and Banks:
Read our article:Picking between Banks and NBFCs While Shopping for Loans
Suggested Read: All About NBFC Prudential Norms & NBFC Compliances
Read our article:The Takeover of NBFC – NBFC Takeover Procedure
Recommended Article: All About NBFC Prudential Norms & NBFC Compliances.
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