{"id":7779,"date":"2023-11-04T05:54:30","date_gmt":"2023-11-04T05:54:30","guid":{"rendered":"https:\/\/companyregistrationonline.in\/blog\/?p=7779"},"modified":"2023-11-04T05:54:30","modified_gmt":"2023-11-04T05:54:30","slug":"documents-nbfc-company-registration","status":"publish","type":"post","link":"https:\/\/companyregistrationonline.in\/blog\/documents-nbfc-company-registration\/","title":{"rendered":"Documents Required For NBFC Company Registration"},"content":{"rendered":"
In the ever-evolving landscape of financial services, Non-Banking Financial Companies (NBFCs)<\/strong> have emerged as key players. They provide a wide range of financial services, including lending, investments, leasing, hire-purchase, insurance, and more. However, before venturing into this sector, it’s crucial to understand the intricacies of NBFC company registration. This comprehensive guide will walk you through every aspect of NBFC registration, from eligibility criteria to the registration process and different types of NBFC licenses.<\/p>\n Before delving into the registration process, it’s essential to grasp the role and scope of NBFCs. NBFCs are financial institutions that engage in various financial activities but are distinct from traditional banks. They provide a vital alternative to banking services, catering to specific financial need.<\/p>\n The Reserve Bank of India (RBI) is the regulatory authority responsible for monitoring and controlling NBFCs. However, not all entities need to register as NBFCs. To require an NBFC license, a company’s primary business activity must fall within the domain of financial services. This is determined through the 50-50 test, where both financial assets and revenue from financial assets must exceed 50% of total assets and gross income, respectively. Companies involved in non-financial primary activities need not register as NBFCs.<\/p>\n Several financial institutions are regulated by specific authorities and, therefore, do not require an NBFC license. These include housing finance companies, insurance companies regulated by the Insurance Regulatory & Development Authority of India, stock brokerage, merchant banking companies, venture capital firms, collective investment schemes, mutual funds, Nidhi Companies regulated by the Ministry of Corporate Affairs, and Chit Fund Companies governed by individual state governments.<\/p>\n Read Also This –<\/strong> Common Mistakes To Avoid During The Private Limited Company Registration<\/a><\/p>\n Understanding the distinctions between NBFCs and banks is crucial. Unlike banks, NBFCs cannot accept demand deposits and are not covered by the Deposit Insurance & Credit Guarantee Corporation. They also can’t issue checks drawn on themselves, which banks are authorized to do. Certain types of NBFCs supervised by other authorities have exceptions, as mentioned earlier.<\/p>\n NBFCs are categorized into various types, each with its own specific functions. These include Asset Finance Companies (AFCs), Investment Companies, Loan Companies, Infrastructure Financing Firms, Systemically Important Core Investment Companies, Infrastructure Loans Funds, Non-Banking Financial Company Micro-Finance Institutions, and NBFC Factors. Understanding these categories is vital for choosing the right type of NBFC license for your business.<\/p>\n The process of registering an NBFC with the RBI involves several steps, including applying for name approval, defining the primary business activity in the Memorandum of Association, and ensuring compliance with the RBI’s financial criteria. The documentation required for registration is extensive and includes details about management, financial records, and more.<\/p>\n The actual registration process involves submitting the NBFC license application, either online or offline, to the RBI’s Regional Office. The applicant must ensure that the correct Regional Office is selected in the application. After online submission, a physical copy of the application, along with the necessary documents, must be sent to the Regional Office.<\/p>\n 1. Certified Copies of the Certificate of Incorporation:<\/strong> This document is fundamental and proves that your company is legally incorporated as a business entity. It should be certified, meaning it has an official seal or stamp of the authority that issued it. The Certificate of Incorporation provides the legal foundation for your business.<\/p>\n 2. Memorandum of Association (MOA) Specifying Financial Business Aim:<\/strong> The MOA is a crucial document that outlines the primary objectives and aims of your company. For an NBFC, it must explicitly specify the intent to engage in financial activities, such as lending, leasing, or investment. It’s a legal declaration of your company’s scope of operations.<\/p>\n 3. Board Resolutions:<\/strong> Board resolutions are official documents that demonstrate the consent and approval of the company’s board of directors to engage in NBFC activities. These resolutions should include declarations that the company is not currently involved in any NBFC activities and will not carry out such activities until it receives RBI registration. It also needs to express an intent to adhere to the “Fair Practices Code,” which outlines ethical practices in financial dealings.<\/p>\n 4. Proof of Net Owned Funds (NOF):<\/strong> One of the critical eligibility criteria for an NBFC is the maintenance of a minimum level of net owned funds. As of RBI’s guidelines, the NOF cannot be less than Rs. 2 crores. It is essential to provide documented proof that your company meets this requirement.<\/p>\n 5. Educational and Experience Certificates of Directors:<\/strong> The educational and experience certificates of the directors and key management personnel are essential to establish their qualifications and expertise in the financial sector. The RBI assesses the credibility of the leadership team to ensure that the NBFC is managed by individuals with the necessary knowledge and experience.<\/p>\n 6. Banker’s Report:<\/strong> This report provides details about the company’s interactions with banks, both in terms of deposits and loans. It showcases your company’s financial relationships and transactions with financial institutions. The banker’s report plays a significant role in assessing your company’s financial stability.<\/p>\n 7. Past Financial Records:<\/strong> For companies that are already operational, providing the audited balance sheets, profit and loss accounts, and director’s and auditor’s reports for the previous three years is required. These financial records demonstrate the financial health and track record of the company.<\/p>\n 8. Ownership Structure:<\/strong> Documenting the authorized share capital and the most recent ownership structure, including the percentage ownership of each shareholder, is essential. This provides clarity on the ownership and control of the company.<\/p>\n 9. Copy of Fixed Deposit Receipt:<\/strong> To prove the availability of Net Owned Funds, you need to provide a copy of the fixed deposit receipt along with a banker’s certificate confirming that there is no lien on the deposited amount. This serves as evidence of the company’s financial strength.<\/p>\n 10. Bank Account Details: <\/strong>Detailed information about your company’s bank accounts, including account balances, credit facilities, and complete postal addresses of the branch and bank, is needed. This information is essential for regulatory and audit purposes.<\/p>\n 11. Audited Financial Statements for Unincorporated Bodies:<\/strong> If any of the directors have a directorship or involvement in unincorporated bodies, financial records for the previous two years of such entities must be provided, whether or not the director holds a meaningful stake in these bodies.<\/p>\n These documents collectively provide a comprehensive view of your company’s financial standing, governance structure, and adherence to regulatory standards. Ensuring the accuracy and completeness of these documents is crucial for a successful NBFC registration process. The RBI uses these documents to evaluate the eligibility and credibility of your company as an NBFC.<\/p>\nUnderstanding NBFCs<\/strong><\/h2>\n
Financial Companies not Requiring an NBFC Registration:<\/strong><\/h2>\n
Difference Between NBFCs and Banks:<\/strong><\/h2>\n
Types of NBFC Licenses:<\/strong><\/h2>\n
Process for NBFC Registration<\/strong><\/h2>\n
Registration Process with RBI:<\/strong><\/h2>\n
Required Documents for NBFC Registration:<\/strong><\/h2>\n