FAQs on NBFC

NBFCs or Non-Banking Financial Companies are a major contributor to the 12.5% GDP rise in India. In addition to this, NBFCs have a projected growth of a staggering 19-21% in the financial year 2018-19. So it’s pretty clear that NBFCs are a major part of India’s economy. So what are NBFCs? How do you form an NBFC? What are the compliances of NBFCs? In this piece, we are going to look at some FAQs on NBFC.

What is NBFC?

NBFC stands for Non-Banking Financial company. NBFCs come under regulations set by the Reserve Bank of India(RBI). As the name suggests, NBFCs are companies providing financial services and they do so being a separate legal entity from banks.

What are the services provided by NBFCs?

NBFCs provide a wide range of financial services to the general population.

Loan and Advances
Credit Facilities
Saving and Investment Plans
Acquisition of Stocks, Shares, Bond hire purchases
Money transfer service
Insurance Business or Chit fund Business

What is the difference between a Bank and NBFC?

Bank	NBFC
Banks are government enabled financial intermediaries registered under the Banking Regulation Act,1949	NBFCs are Financial Companies Registered under the Companies Act, 2013
Banks are authorized to accept demand deposits	NBFCs cannot accept demand deposits
Banks have restrictions on Foreign Direct Investments.	No restriction on Foreign Investments
Payment and settlement make up for the core activities of a bank.	NBFCs activities do not include payment
Banks are authorized to draw demand drafts on themselves	NBFCs cannot draw demand drafts on itself
Banks can draw and issue cheques on themselves	NBFCs cannot issue cheques drawn on themselves
Banks can create credit by multiplier financial services	NBFCs cannot create credit
Interests rates are generally moderate	Interest rates are most of the times little higher than banks

Can NBFCs accept deposits?

Not all NBFCs are authorized to accept public deposits. To accept public Deposits, NBFCs have to acquire a certificate of registration authorizing them to accept public deposits.

What are the different types of NBFCs in India?

Broadly NBFCs are deposit-taking (NBFC-D) or no deposit NBFCs(NBFC-ND). NBFCs whose asset size exceeds Rs. 100 crore is called Systematically Important ( NBFC-SI).

Whether they are deposit-taking or not, NBFCs are classified on the basis of the services they are providing.

Given below is a list of types of NBFCs.

Asset Finance Company
Investment Company
Loan Companies
Infrastructure Finance Company
Systematically Important Core Investment Company
Infrastructure Debt Fund
NBFC- Microfinance
NBFC-Factors

Read More: Classification of NBFCs in India

Which companies can do NBFC activities by getting NBFC license?

Given below is a list of organizations/companies who cannot register as an NBFC

Any institution whose principal business is of agriculture.
Businesses engaged in industrial activity.
Institutions dealing with purchase or sale of any goods (other than securities) and services.
Engaged in sale/purchase/construction of immovable property.
Companies whose principal business is receiving deposits under any scheme or arrangement in one lump-sum or in installments by way of contributions or in any other manner.

How to register an NBFC in India?

NBFC registration procedure is India is very straightforward. To register and acquire NBFC license a company –

Should be registered as a Private Limited Company or a Limited Company.

Following are the steps to incorporate a private limited company in India.

Acquire DSC(Digital Signature Certificate)
File for name approval
File SPICe e-form (INC-32) along with e-MoA(INC-33) and e-AoA(INC-34)

Whole procedure might take about 4-5 days.

The company should have a minimum net owned fund of Rs. 200 lakhs.

The formula to Calculate Net Owned Funds

You can skip the hassle and do your NBFC registration withLegalRaasta’s expert help. Click the link to fast-forward to starting your work without worrying for registration procedures

What are the annual Compliances of NBFCs?

Given below is a list of Annual Compliances of NBFCs

Serial Number	Particulars	Time Limit
1	Unaudited March Monthly Return/NBS7	On or before 30th June
2	Audited March Monthly Return	Upon Completion
3	Statutory Auditors Certificate on Income and Assets	On or before 30th June
4	Information about Cos having FDI/Foreign Funds	On or before 30th June
5	Resolution of Non-acceptance of Public Deposit	Before the commencement of the new Financial year
6	File Audited Annual Balance Sheet and P&L Account	One month from the date of signoff
7	Declaration of Auditors to Act as Auditors of the Company	Annual basis