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Contents
Regulation of NBFCs .................................................................................................................................. 3
Difference between NBFC and Banks .................................................................................................... 4
Different Categories of NBFCs ........................................................................................................................ 4
Asset Finance Company(AFC) ................................................................................................................. 4
Investment Company (IC) ......................................................................................................................... 4
Loan Companies (LC) ................................................................................................................................ 4
Infrastructure Finance Company (IFC) .................................................................................................. 4
Systemically Important Core Investment Company (CIC-ND-SI) ................................................... 4
Infrastructure Debt Fund (IDF-NBFC) .................................................................................................. 4
Non-Banking Financial Company – Micro Finance Institution (NBFC-MFI) ............................... 5
Non-Banking Financial Company – Factors (NBFC-Factors) .......................................................... 5
Deposit Taking by NBFCs ................................................................................................................................. 5
Other Important Information ........................................................................................................................... 6
Residuary Non-Banking Company .......................................................................................................... 6
Do Multi-Level Marketing companies, Chit funds come under the purview of RBI? ................. 6
What are Unincorporated Bodies (UIBs)? ............................................................................................. 6
NBFCs or Non Banking Financial Companies are those companies which provide banking services
without meeting the legal definition of a bank. A NBFC is incorporated under the Companies Act,
1956 and desirous of commencing business of non-banking financial institution as defined under
Section 45 I(a) of the RBI Act, 1934.
The NBFCs do the business of loans and advances, acquisition of shares, stock, bonds, debentures,
securities issued by Government. They also deal in other securities of like marketable nature, leasing,
hire-purchase, insurance business, chit business.
However, the companies cannot be NBFCs if their primary business is related to agriculture activity,
industrial activity, sale/purchase/construction of immovable property.
Usually, the 50-50 test is used as an anchor to register an NBFC with RBI. 50-50 Test means that the
companies at least 50% assets are financial assets and its income from financial assets is more than
50% of the gross income.
Regulation of NBFCs
Non-Banking Financial Companies are regulated by different regulators in India such as RBI, Irda,
SEBI, National Housing Bank and Department of Company Affairs. RBI regulates the companies
which deal in lending, accepting| discovervarungupta@gmail.com
varunthediscoverer deposits, financial |leasing, hire purchase and acquisition of shares /
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stocks etc. The companies that take up activities like stock broking, merchant banking etc. are
regulated by SEBI while the Nidhi and Chitfund companies are regulated by Department of
Company Affairs. Housing finance companies are regulated by National Housing Bank.
NBFCs which are regulated by other regulators are exempted from the
requirement of registration with RBI but they need to register with respective
regulators. For example:
Venture Capital Fund/Merchant Banking companies/Stock broking companies are registered
with SEBI
Insurance Company needs to hold a certificate of registration with IRDA
Nidhi companies as notified under Section 620A of the Companies Act, 1956, Chit companies
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comparison to other types of funding because of its huge requirement, long gestation period and
long term requirements.
In India, an IDF can be set up either as a trust or as a company. If the IDF is set up as a trust, it
would be a mutual fund, regulated by SEBI. Such funds would be called IDF-MF. The mutual fund
would issue rupee-denominated units of five years’ maturity to raise funds for the infrastructure
projects.
If the IDF is set up as a company, it would be an NBFC; it will be regulated by the RBI. The IDF
guidelines of the RBI came in September 2011. According to these guidelines, such companies would
be called IDF-NBFC.
An IDF-NBFC is a non-deposit taking NBFC that has 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.
Non-Banking Financial Company – Micro Finance Institution (NBFC-MFI)
NBFC-MFI is a non-deposit taking NBFC which has at least 85% of its assets in the form of m
microfinance. Suchvarunthediscoverer
microfinance should be in the| 18681
| discovervarungupta@gmail.com form of loan given to those who have annual
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income of Rs. 60,000 in rural areas and Rs. 120,000 in urban areas. Such loans should not exceed Rs.
50000 and its tenure should not be less than 24 months. Further, the loan has to be given without
collateral. Loan repayment is done on weekly, fortnightly or monthly installments at the choice of
the borrower.
Non-Banking Financial Company – Factors (NBFC-Factors)
Factoring business refers to the acquisition of receivables by way of assignment of such receivables or
financing, there against either by way of loans or advances or by creation of security interest over
such receivables but does not include normal lending by a bank against the security of receivables etc.
An NBFC-Factoring company should have a minimum Net Owned Fund (NOF) of Rs. 5 Crore and
its financial assets in the factoring business should constitute at least 75 percent of its total assets and
its income derived from factoring business should not be less than 75 percent of its gross income.
Systemically important NBFCs.
Deposit Taking by NBFCs
All NBFCs are not allowed to take deposits. Only those NBFCs which have specific
authorization from RBI are allowed to accept/hold public deposits. NBFCs cannot take
demand deposits. They can accept only term deposits with a tenure of minimum 12 months.
The NBFCs cannot offer interest rates higher than the ceiling rate prescribed by RBI from
time to time. The present ceiling is 12.5 per cent per annum. The interest may be paid or
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Do Multi-Level Marketing companies, Chit funds come under the purview of RBI?
No, Multi-Level Marketing companies, Direct Selling Companies, Online Selling Companies don’t
fall under the purview of RBI. Activities of these companies fall under the regulatory/administrative
domain of respective state government.
What are Unincorporated Bodies (UIBs)?
Unincorporated bodies (UIBs) include an individual, a firm or an unincorporated association of
individuals, which accept deposits. In terms of provision of section 45S of RBI act, accepting such
deposit is illegal. The state government has to play a proactive role in arresting the illegal activities of
such entities to protect interests of depositors/investors.