NBFC
NBFC
NBFC
About NBFCs
NBFC is a company incorporated as per the Companies Act,2013, or any other previous act.
NBFC is governed by both the Ministry of Corporate Affairs and the RBI. Though NBFC
provides financial services, it is different from Banks in many ways. It cannot accept public
deposits by allowing people to open savings/current accounts with it.
However, NBFCs can receive deposits under any arrangement or scheme in one lump sum or
regular contributions or some similar method. An NBFC, also, cannot issue cheques and drafts,
drawn on itself.
NBFCs provide credit and loans at the micro-level. That is mainly to small, medium scale
enterprises, to help them overcome their liquidity cash insufficiency.
There are a few requirements that the business has to meet before applying to RBI for NBFC
License.
The business should be registered as a company under the Companies Act, 1956, or 2013.
The minimum capital (Net Owned Fund) requirement is Rs. 2 crores.
The principal business of the applicant should be financial activities. If the financial flow
of the business is more than 50% of the total capital asset, then that company can get
NBFC registration.
It should have at least 1 Director from the financial field or a senior banker as a Director.
The CIBIL (Credit Information Bureau Limited) records should be clean.
The expansion and growth of the NBFC have resulted in the categorization of NBFCs,
predetermined to focus on specific sectors/classes. The classification of NBFC is based on
deposits, and the kind of business activity is performed.
There are certain businesses that are involved in providing financial activities but do not need
to obtain a registration with RBI. These types of entities are regulated by other financial sector
regulators, and to avoid dual regulation, they are not required to obtain an NBFC License from
RBI. They are:
Insurance Companies: These are regulated by the Insurance Regulatory and Development
Authority of India (IRDA),
Housing Finance Companies: Being regulated by the National Housing Bank (NHB),
Stock-Broking Companies: These are regulated by the Securities and Exchange Board of
India (SEBI),
Merchant Banking Companies: Again being regulated by SEBI,
Mutual Funds: SEBI is the regulator,
Venture Capital Companies: SEBI is the regulatory authority,
Companies running Collective Investment Schemes: SEBI is the regulator,
Chit Fund Companies: These are regulated under the Chit Fund Act and by the respective
State Governments,
Nidhi Companies: Being regulated by the Ministry of Corporate Affairs (MCA).
Deposit Accepting NBFCs must get themselves registered with RBI as per the provisions in the
RBI Act, 1934. They need a Certificate of Registration (CoR) from the RBI. And there are
additional guidelines and specific regulations prescribed by RBI for them.
Non-Deposit Accepting NBFCs also need to get registered themselves. The only difference is
additional guidelines do not apply to them.
Within the above broad categorization, the NBFCs can, be further, broadly divided into:
Asset Finance Company (AFC): The financial institution (FI) with the primary business of
financing physical assets.
Types Explained
Investment and Credit Company is a company carrying on its principal business-asset finance
the providing finance whether by making loans or advances or otherwise for any activity
other than its own and the acquisition of securities.
Infrastructure Finance Company is a company that utilizes at least 75 % of its total assets in the
infrastructure loans. An IFC company has a minimum net owned fund of Rs 300 crores and a
CRAR of 15%. It is a type of NBFC which requires the best credit rating from the credit rating
agencies.
Micro Finance Companies in NBFC, are the companies that perform the functions as similar to
Banks. Loans are offered by the Micro Finance companies to various small businesses that do
not have access to the formal banking channels and are not eligible for availing loans. MFI
shall qualify the following criteria –
The amount of loan shall not exceed Rs 75,000 in the first cycle and Rs1,25,000 in
subsequent cycles. However, the tenure of the loan is not less than 24 months
The total indebtedness of the borrower does not exceed Rs 1,25,000.
Loan to be provided without collateral.
The repayment of the loan is at the choice of the borrower (The loan can be repayable on
a weekly, fortnightly or monthly basis)
NBFC Factors
NBFC-Factor is a different type of NBFC (Non-deposit taking) engaged in the principal business
of factoring. The financial assets in the NBFC Factor (Factoring business) should aggregate at
least 50 % of its total assets, and also income acquires from factoring business should at least
50 % of the gross income.
Systematically Important Core Investment Company is a type of NBFC which carry on the
business of share (Equity and Preference) and securities acquisition but subject to a condition
that –
it holds not less than 90% of its Total Assets as an investment in equity or preference shares,
and debt or loans in group companies.
its investments in the equity shares (including instruments that would convert into
equity shares within a period not more than 10 years from the date of issue,
compulsorily) in group companies form at least 60% of its Total Assets.
it does not invest in shares, debt, or loans in group companies except through block sale
for dilution or disinvestment.
no financial activities, as listed under Section 45I(c) and 45I(f) of the NBFC Act in RBI, are
carried out by it. its asset size is Rs 100 crore or more, and,
it accepts public funds.
Infrastructure Debt Fund NBFC is a non-deposit taking NBFC that deals in the facilitation of
long-term debt into an infrastructure sector. Infrastructure Debt Fund NBFC raises the
resources either through an issue of the rupee or dollar-denominated bonds of 5 years. IDF
NBFCs can only be sponsored by Infrastructure Finance Company.
NBFC Account Aggregator is a new concept in the NBFC. NBFC Account Aggregator provides
data of several users and shifts their financial needs to various financial organizations. The
activities of an Account Aggregator involve providing customers financial information in a
consolidated and retrievable manner to the customer. NBFC Account Aggregator provides
reliable information.
NBFC Pear to Peer lending platforms provides a platform to bring lenders and borrowers
together by using a digital platform. It provides an opportunity for investors to diversify their
portfolio. NBFC P2P has removed the cumbersome process of loan and has provided the ease
of processing the loans. NBFC P2P Platform is the key player in the small business sector.
Housing Finance Company is a form of NBFC with the principal business of financing of
acquisition or construction of houses. HFCs are regulated by the Reserve Bank of India.
A Housing Finance company cannot commence the business without obtaining a certificate of
registration (CoR) from the Reserve Bank of India.
Download PDF
Our Study Materials