Non-Banking Financial Companies (NBFCS) : Reserve Bank of India (Rbi) Reserve Bank of India Act, 1934 Directions

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Non-Banking Financial Companies (NBFCs)

Non-banking financial companies (NBFCs) are fast emerging as an important segm


Indian financial system. It is an heterogeneous group of institutions (other than co
and co-operative banks) performing financial intermediation in a variety of ways,
accepting deposits, making loans and advances, leasing, hire purchase, etc. They
funds from the public, directly or indirectly, and lend them to ultimate spenders. T
advance loans to the various wholesale and retail traders, small-scale industries a
employed persons. Thus, they have broadened and diversified the range of produc
services offered by a financial sector. Gradually, they are being recognised as
complementary to the banking sector due to their customer-oriented services; sim
procedures; attractive rates of return on deposits; flexibility and timeliness in mee
credit needs of specified sectors; etc.
The working and operations of NBFCs are regulated by the Reserve Bank of Ind
within the framework of the Reserve Bank of India Act, 1934 (Chapter III B) a
directions issued by it under the Act. As per the RBI Act, a 'non-banking financia
company' is defined as:- (i) a financial institution which is a company; (ii) a non b
institution which is a company and which has as its principal business the receivin
deposits, under any scheme or arrangement or in any other manner, or lending in
manner; (iii) such other non-banking institution or class of such institutions, as th
may, with the previous approval of the Central Government and by notification in
Official Gazette, specify.
Under the Act, it is mandatory for a NBFC to get itself registered with the RBI as a
taking company. This registration authorises it to conduct its business as an NBFC
registration with the RBI, a company incorporated under the Companies Act, 19
desirous of commencing business of non-banking financial institution, should have
minimum net owned fund (NOF) of Rs 25 lakh (raised to Rs 200 lakh w.e.f April 2
The term 'NOF' means, owned funds (paid-up capital and free reserves,minus accu
losses, deferred revenue expenditure and other intangible assets) less, (i) investm
shares of subsidiaries/companies in the same group/ all other NBFCs; and (ii) the
value of debentures/bonds/ outstanding loans and advances, including hire-purch
lease finance made to, and deposits with, subsidiaries/ companies in the same gro
excess of 10% of the owned funds.
The registration process involves submission of an application by the company in
prescribed format along with the necessary documents for RBI's consideration. If
is satisfied that the conditions enumerated in the RBI Act, 1934 are fulfilled, it issu
'Certificate of Registration' to the company. Only those NBFCs holding a valid Cert
Registration can accept/hold public deposits. The NBFCs accepting public deposits
comply with the Non-Banking Financial Companies Acceptance of Public De
( Reserve Bank) Directions, 1998, as issued by the bank. Some of the importa
regulations relating to acceptance of deposits by the NBFCs are:-
 They are allowed to accept/renew public deposits for a minimum period o
months and maximum period of 60 months.

 They cannot accept deposits repayable on demand.

 They cannot offer interest rates higher than the ceiling rate prescribed by
time to time.

 They cannot offer gifts/incentives or any other additional benefit to the de

 They should have minimum investment grade credit rating.

 Their deposits are not insured.

 The repayment of deposits by NBFCs is not guaranteed by RBI.


The types of NBFCs registered with the RBI are:-
 Equipment leasing company:- is any financial institution whose princip
business is that of leasing equipments or financing of such an activity.

 Hire-purchase company:- is any financial intermediary whose principal


relates to hire purchase transactions or financing of such transactions.

 Loan company:- means any financial institution whose principal busines


of providing finance, whether by making loans or advances or otherwise f
activity other than its own (excluding any equipment leasing or hire-purch
finance activity).

 Investment company:- is any financial intermediary whose principal bu


that of buying and selling of securities.
Now, these NBFCs have been reclassified into three categories:-
 Asset Finance Company (AFC)

 Investment Company (IC) and

 Loan Company (LC). Under this classification, 'AFC' is defined as a financi


institution whose principal business is that of financing the physical assets
support various productive/economic activities in the country.
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