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How to register a Non-Banking Finance Company (NBFC) with RBI?

Overview of Non-Banking Financial Company:
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A Non-Banking Financial Company (NBFC) is a company registered under the Companies Act, 1956/2013 engaged in the business of loans and advances, acquisition of shares/stocks/bonds/debentures/securities issued by Government or local authority or other marketable securities of a like nature, leasing, hire-purchase, insurance business, chit business but does not include any institution whose principal business is that of agriculture activity, industrial activity, purchase or sale of any goods (other than securities) or providing any services and sale/purchase/construction of immovable property.

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How NBFC are different from Bank?
NBFCs lend and make investments and hence their activities are akin to that of banks; however there are a few differences as given below:

NBFC cannot accept demand deposits;

NBFCs do not form part of the payment and settlement system and cannot issue cheques drawn on itself;

Deposit insurance facility of Deposit Insurance and Credit Guarantee Corporation is not available to depositors of NBFCs, unlike in case of banks.

Regulated Authority for NBFC:
The Reserve Bank of India (RBI) formulates rules & regulations for NBFCs, therefore license from RBI is required for starting NBFC in India as per Section 45-IA of the RBI Act, 1934. The RBI is authorized to regulate NBFCs by ensuring that they are complying with the prescribed rules & regulations.

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Financial activity as “principal business”:
Financial activity as principal business is when a company’s financial assets constitute more than 50 per cent of the total assets and income from financial assets constitute more than 50 per cent of the gross income. A company which fulfils both these criteria will be registered as NBFC by RBI.

Different types/categories of NBFCs:
NBFCs are categorized:

in terms of the type of liabilities into Deposit and Non-Deposit accepting NBFCs,

non deposit taking NBFCs by their size into systemically important and other non-deposit holding companies (NBFC-NDSI and NBFC-ND) and

by the kind of activity they conduct.

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Within this broad categorization the different types of NBFCs are as follows:

Asset Finance Company

Loan and Investment Company

Infrastructure Finance Company

Systemically Important Core Investment Company

Infrastructure Debt Fund: Non- Banking Financial Company

Non-Banking Financial Company - Micro Finance Institution

Non-Banking Financial Company – Factors

Mortgage Guarantee Companies

NBFC- Non-Operative Financial Holding Company

Pre Requisites for NBFC Registration
For NBFC registration, below mentioned conditions must be fulfilled as per Section 45-IA of the RBI Act, 1934:

Director’s Experience:
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