Non-Banking Finance Company (NBFC)

About Non-Banking Finance Company (NBFC)

A Non-Banking Financial Company (NBFC) is a company registered under the Companies Act, 2013 of India, engaged in the business of loans and advances, acquisition of shares, stock, bonds hire-purchase, insurance business or chit business but does not include any institution whose principal business includes agriculture, industrial activity or the sale, purchase or construction of immovable property.

The working and operations of NBFCs are regulated by the Reserve Bank of India (RBI) within the framework of the [Reserve Bank of India Act, 1934] and the directions issued by it.

Note: Non- Banking finance Company can be formed and operated in the form of Private Limited or Public Limited accordingly their respective requirements will be applicable.

Our scope of work

1. Company Formation Private or Public;

2. Legal Advisory on NBFC formation;

3. Application to RBI for Registration;

4. NBFC Business Plan;

5. End to End Assistance for obtaining the required Registration;

6. 100% assurance in getting NBFC License.

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Know more about Non-Banking Finance Company (NBFC)

A Non-Banking Financial Company (NBFC) is a company registered under the Companies Act, 2013 of India, engaged in the business of loans and advances, acquisition of shares, stock, bonds hire-purchase, insurance business or chit business but does not include any institution whose principal business includes agriculture, industrial activity or the sale, purchase or construction of immovable property.

 

The working and operations of NBFCs are regulated by the Reserve Bank of India (RBI) within the framework of the [Reserve Bank of India Act, 1934] and the directions issued by it.

 

Note: Non- Banking finance Company can be formed and operated in the form of Private Limited or Public Limited accordingly their respective requirements will be applicable.

 

1. Capital:

  • There are 2 types of capital i.e. Authorize Capital (It is the capital up to which Company is authorize to raise from the member and it can be increase as and when required.), Paid Up Capital (It is the capital which is paid up by the members of the company and it can be increase as and when required.)
  • The requirement for minimum capital or Net Owned Funds* is INR 200 Lakhs.

*NOF Means The Term ‘NOF’ Means, Owned Funds (Paid-Up Capital And Free Reserves Minus Accumulated Losses, Deferred Revenue Expenditure And Other Intangible Assets) Less, (I) Investments In Shares Of Subsidiaries/Companies In The Same Group/ All Other NBFCs; And (II) The Book Value Of Debentures/Bonds/ Outstanding Loans And Advances, Including Hire-Purchase And Lease Finance Made To, And Deposits With, Subsidiaries/ Companies In The Same Group, In Excess Of 10% Of The Owned Funds.

2. Registered Office:

  • Any place can be made as the registered office of the NBFC even the residential place can be used as the registered office of the NBFC.

Note: Only those NBFCS Holding a valid Certificate of Registration can Accept/Hold Public Deposits.

3. Registering Authority:

  • Ministry of Corporate Affairs 
  • Reserve Bank of India
  1. Obtain DSC (Digital Signature Certificate)
  2. Prepare SPICe+ form (Part A – Name availability and reservation request)
  3. Prepare SPICe+ Part B form (Company information i.e. directors, shareholders etc.)
  4. Prepare e-form SPICe+ MOA (INC-33) ,SPICe+ AOA (INC-34) and SPICe+ AGILE-PRO (INC-35)
  5. Download all the e-forms prepare online and affix DSC on all the e-forms.
  6. Attached the require documents with form SPICe+ and upload the e-forms to MCA portal.
  7. Issue of Certificate of Incorporation by RoC
  8. Application to RBI for NBFC License

Advantages

 1. PROVIDES LOANS AND CREDIT FACILITIES
2. SUPPORTING INVESTMENTS IN PROPERTY
3. TRADING MONEY MARKET INSTRUMENTS
4. FUNDING PRIVATE EDUCATION
5. WEALTH MANAGEMENT SUCH AS MANAGING PORTFOLIOS OF STOCKS AND SHARES
6. PROVIDES RETIREMENT PLANNING
7. PREPARE FEASIBILITY, MARKET OR INDUSTRY STUDIES FOR COMPANIES

Disadvantages

 1.CANNOT ACCEPT DEMAND DEPOSITS
2.NBFC CANNOT ISSUE CHEQUES
3.DEPOSIT INSURANCE FACILITY

Factors of ComparisonPrivate CompanyPublicOne Person CompanyLimited Liability PartnershipPartnershipSole Proprietorship
CapitalMin: INR 1 & Max:No LimitMin: INR 1 & Max:No LimitMin: INR 1 & Max:2 CroreMin: INR 1 & Max:No LimitMin: INR 1 & Max:No LimitMin: INR 1 & Max:No Limit
DirectorMinimum 2Minimum 3Minimum 1
ShareholderMinimum 2Minimum 7Minimum 1
Designated Partner/ParterMinimum 2Minimum 2
Taxation30%(25% if turnover does not exceed 250 Crore)30%(25% if turnover does not exceed 250 Crore)30%30%30%As per Slab Rates
Statutory AuditCompulsoryCompulsoryCompulsoryIf Contribution exceed INR 25 Lacs; If Turnover exceed INR 40 LacsNot RequiredNot Required
Investor PreferenceHighLowLowMediumVery LowVery Low
Compliance CostMdeiumHighLowLowLowLow
RegulatorRegistrar of CompaniesSEBI/Registrar of CompaniesRegistrar of CompaniesRegistrar of CompaniesRegistrar of Firms
Time take for Registration5-7 working days5-7 working days5-7 working days20-25 working days10-12 working days5-7 working days



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