A Non–Banking Financial Corporation is a company incorporated under the Companies Act 2013 or 1956. According to section 45-I (c) of the RBI Act, a Non–Banking Company carrying on the business of a financial institution will be an NBFC. It further states that the NBFC must be engaged in the business of Loans and Advances, Acquisition of stocks, equities, debt etc issued by the government or any local authority or other marketable securities.
Nonbank financial companies (NBFCs), also known as nonbank financial institutions (NBFIs), are financial institutions that offer various banking services but do not have a banking license. Generally, these institutions are not allowed to take traditional demand deposits—readily available funds, such as those in checking or savings accounts—from the public. This limitation keeps them outside the scope of conventional oversight from federal and state financial regulators.
Non-Banking Financial Corporation (NBFC)
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. It is governed by the Ministry of Corporate Affairs as well as the Reserve Bank of India. The License for operation is obtained from the RBI and it is incorporated as a company under applicable laws of the land.
Banks vs. NBFCs
- NBFCs are not permitted to accept demand deposits.
- These entities do not form a part of the payment and settlement system in India. Therefore, they would not be able to issue cheques drawn on itself.
- Unlike banks, the facility of deposit insurance from the Deposit Insurance and Credit Guarantee Corporation is not accessible to the depositors of NBFCs.
- 100% FDI is permitted in NBFCs under the automatic route in particularly 18 activities, under minimum capitalisation norms.
Different types of NBFCs
- Asset Finance Company (AFC): Financing of physical assets supporting productive or economic activity that includes automobiles, tractors and generators.
- Investment Company (IC): Acquiring securities with the purpose of re-selling.
- Loan Company (LC): Provides finance by extending loans or for any activity than its own. However, this does not include an Asset Finance Company.
- Infrastructure Finance Company (NBFC-IFC): Provides loans for projects linked to infrastructure.
- Infrastructure Debt Fund (NBFC-IDF): Facilitates the flow of long-term debt into projects that deal with infrastructure.
- Systemically Important Core Investment Company (CIC-ND-SI): Acquires shares and securities for the investment in equity shares primarily.
- Micro Finance Institution (NBFC-MFI): Extends credit to the economically disadvantaged groups. Additionally, they extend their support to Micro, Small and Medium Enterprises (MSMEs).
- NBFC Non-Operative Financial Holding Company (NOFHC): Permits promoters or promoter groups to set up a new bank.
- Factor (NBFC-Factor): Engages in the business of acquiring receivable of an assignor or extending loans against the security interest of the receivables at a reduction.
- Mortgage Guarantee Company (MGC): Undertakes mortgage activities.
- Account Aggregator (NBFC-AA): Collects and offers information on a customer’s financial assets in a consolidated, organised and retrievable method to the customer or others as required by the customer.
- NBFC Peer to Peer Lending Platform (NBFC-P2P): Provides an online platform in order to bring lenders and borrowers together onto a single space to help mobilise unsecured finance.
Guidelines for NBFC Functioning
- NBFCs are not permitted to receive deposits that are payable on demand.
- The interests charged by an NBFC cannot exceed the threshold prescribed by the RBI.
- The public deposits that they can take must be for a minimum of 12 months and a maximum of 60 months.
- The RBI would not guarantee the repayment of any amount so taken by the NBFC.
- The deposits taken by the public would be unsecured.
- Every information about the company and the changes in the composition of the same has to be furnished to the RBI.
- It is essential that the company submits its audited balance sheet annually.
- Quarterly return on the company’s liquid assets has to be furnished.
- It is necessary that a statutory return on the deposits taken by an NBFC has to be furnished through Form NBS–1 annually.
- The auditors have to legally state that the NBFC is capable of paying back all the deposits or funds taken from the public.
- A credit rating of the company has to be taken every six months and submitted to the RBI.
- A half-yearly Asset Liability Management (ALM) return has to be given by the company which has a Public Deposit of Rs. 20 Crore and above or has assets worth Rs. 100 Crore and above. A company which has a public deposit of INR 20 Crores and more, or has assets worth INR 100 Crores and more, has to submit a half-yearly Asset Liability Management return.
- An NBFC is required to maintain a minimum level of 15% of the public deposits in terms of liquid assets.
NBFCs Which Need Not be Registered With RBI
- Core Investment Companies – (assets are less than 100 crore or public funds not taken)
- Merchant Banking Companies
- Companies that are engaged in the business of stock-broking
- Housing Finance Companies
- Companies engaged in the business of Venture Capital.
- Insurance companies holding a certificate of registration issued by IRDA.
- Chit Fund Companies as defined in the Sec 2 clause (b) of the Chit Fund Act, 1982
- Nidhi Companies as notified under Section 620(A) of the Companies Act 1956
Procedure to Incorporate an NBFC
- A company should first be registered under the Companies Act 2013 or should already be registered under the Companies Act 1956 as either a Private Limited or a Public Limited Company.
- The minimum net owned funds of the Company should be Rs. 2 Crore.
- 1/3rd of the Directors must possess finance experience.
- The CIBIL records of the Company should be clean.
- The company must have a detailed business plan for five years.
- The company must comply with the requirements for capital compliances and FEMA.
- After all of the above conditions have been satisfied the online application on the website of RBI should be filled and submitted along with the requisite documents.
- A CARN Number will be generated.
- A hard copy of the application also has to be sent to the regional branch of the Reserve Bank of India.
- After the application is properly scrutinized, the License will be given to the Company.
FAQs
What is a Non-Banking Financial Company (NBFC)?
A Non-Banking Financial Company (NBFC) is a financial institution that provides banking services without meeting the legal definition of a bank. NBFCs are involved in lending and other financial activities such as investment, asset management, and insurance but do not hold a banking license.
How are NBFCs regulated in India?
NBFCs in India are regulated by the Reserve Bank of India (RBI) under the Reserve Bank of India Act, 1934. Certain NBFCs are also regulated by other regulatory bodies such as the Securities and Exchange Board of India (SEBI) and the Insurance Regulatory and Development Authority of India (IRDAI), depending on their functions.
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