NBFC Registration

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    What is a NBFC?

    Companies Act of 2013 defines Non-Banking Financial Companies (NBFCs) as those which provide loans and advances, buy shares, bonds, debentures, government or local authority securities, lease, hire-purchase, insurance, and chits, and acquire shares, stocks, bonds, debentures, or other marketable securities of a similar nature. Furthermore, a Non-Banking Financial Company, such as Residuary Non-Banking Company, is a company whose primary business is to obtain deposits under any scheme of arrangement in a lump sum.

    NBFCs can raise funds from the public, either directly or indirectly, and freely lend them to ultimate spenders, which aids in market participation. In India, NBFCs are regulated by the RBI under Chapter IIIB of the RBI Act, 1934, and any rules made thereunder, as well as any directions issued under the RBI Act. NBFC Registration has grown in popularity in recent years and has played an important role in the financial sector's expansion.

    To obtain an NBFC Registration Certificate, you must go through a lengthy process and provide all necessary documentation. To obtain NBFC Registration in India, all that is required is the assistance of a good NBFC consultant with prior experience. We at LegalRaasta help you obtain an NBFC Registration in India at your convenience.

    Documents required for NBFC registration

    Affidavits or Declarations on stamp paper are also required.

    We require the appointment of the company's statutory auditor.

     

    We require a Net Worth certificate from the auditor as well as a Net Worth certificate from the promoter or directors.

     

    We require the Promoters' source of funds, a banker's report on the Promoters or Directors, and a CIBIL report on the Promoters or Directors.

     

    We also need information on the other company in which the Promoters or Directors have a stake.

     

    A well-organized Business Plan for the next three years.

     

    We also need documents for the incorporation of the Private Limited Company.

    Types of NBFC

    NBFCs can be categorized into two different parts
     
    I. NBFC On the Basis of Activities

    NBFC-Factors

    It is concerned with the acquisition of receivables from an assignor in order to extend loans at a discount against the security of the receivables.

     

    NBFC-Peer to Peer Lending (P2P)

    Through the peer-to-peer lending marketplace, borrowers can obtain loans from individuals who are willing to lend their money to the borrower at an agreed-upon interest rate. For a P2P Lending License, it may take approximately 180 working days for RBI in-Principle Approval, followed by the Mandatory CISA Audit..

     

    NBFC-Account Aggregators

    It enables data sharing across multiple financial sector organizations that act as consent brokers, i.e., the intermediary data transfer among financial organizations with the user's consent. It entails aggregating data from various accounts such as bank accounts, investment accounts, consumer accounts, and other related financial accounts onto a single platform.

     

    NBFC-Systemically Important Core Investment Company

    It primarily invests in the equity, preference shares, debt, and loans of group companies.

     

    NBFC-Infrastructure Debt Fund(IDF)

    Its primary goal is to facilitate the flow of long-term debt into infrastructure projects.

     

    NBFC- Investment and Credit Company (ICC)

    An Investment and Credit Company is a company that does its primary business-asset finance by lending money. It enables the licensee to engage in various types of wholesale, retail loans, and investment business, including loan, asset finance, and investment company licenses, for a period of 120 days.

     

    NBFC Infrastructure Finance Company (IFC)

    An NBFC deploys at least 75% of its total assets in infrastructure loans and has a minimum net owned funds (NOF) of 300 crore rupees and a CRAR of 15%.

     

    Non-Operative Financial Holding Company (NOFHC)

    It is a type of financial institution that allows a promoter group to establish a new bank. It is a wholly owned NOFHC that holds banks and other financial services companies regulated by the Reserve Bank or other financial sector regulators to the extent permitted by regulatory prescription.

     

    NBFC-Microfinance Institutions (MFIs)

    It makes loans to small businesses that are underserved or do not qualify for loans. It was established to provide credit to economically disadvantaged groups.

     

    Housing Finance Company

    These are utilized to provide loans to people who want to build their dream home, with their main business being financing the purchase or construction of houses.

     

    NBFC Mortgage Guarantee Company(MGC)

    It refers to financial institutions where the mortgage guarantees business accounts for at least 90% of the business turnover or where the mortgage guarantee business accounts for at least 90% of the gross income and the net owned funds are 100 crore rupees.

     
    II. NBFC On the Basis of Liabilities:
     

    Deposit-taking NBFCs

    These are the ones that allow for public deposits.

     

    Non-Deposit Taking NBFCs:

    These are the ones that are not able to receive public deposits. On-deposit-taking NBFCs are further subdivided into systemically important NBFCs and others. In NBFC-ND-SI, all NBFCs-ND with assets of Rs. 500 crores or more as per the most recent audited balance sheet are exempt from adhering to the Prudential Norms, 2015.

    NBFC Registration Process

    Step-1: Organizing the Documents

    It is critical for the applicant to gather all of the necessary documents in order to begin the NBFC Registration process.

     
    Step-2: Making an Application to the RBI

    The applicant must file the application with the authority after assembling the necessary documents. The following requirements must be met

    • Capital Requirement for Fixed Deposit

      The capital required for a fixed deposit is Rs. 2 crores, which should be increased to Rs. 2.2 crore before filing an application with the RBI.

    • Capital Requirement for the Incorporation of a Pvt. Ltd. Company

      The minimum capital required for the incorporation of a Pvt. Ltd. company is Rs. 10 lakhs. Following incorporation, promoters must raise the capital to Rs. 2.2 crore. If this is not done prior to obtaining an NBFC Registration license, the company will be unable to begin lending operations. The company will maintain a Rs. 2 crore FD in the bank.

    • Number of Members

      There must be at least two shareholders or directors, one of whom must have experience in the financial sector and knowledge of finance.

     
    Step-3: Submission of Application

    The next step is for the applicant to submit the application along with the necessary documents for verification by the authority

     
    Step-4: Verification Documents

    The authority will verify the documents and application to ensure the accuracy of the applicant's submissions

     
    Step-5: Registration Certificate

    The registration certificate will be issued after the authority has successfully verified the application and documents.

    Advantages of NBFC Registration in India

    Low cost and time:

    The registration process for an NBFC is simpler than that of a small bank. Opening an account with a bank requires a significant amount of capital, time, and cost, whereas an NBFC does not.

     
    Economic Growth:

    NBFCs serve an underserved market by providing affordable and secure credit facilities for personal and business-related credit needs. As a result, NBFCs have aided the country's economic growth by granting financial independence to MSMEs, self-employed professionals, and individuals.

     
    Allowed FDI:

    Up to 100% Foreign Direct Investment is permitted under NBFC, which is another fantastic benefit of NBFC registration. Non-banking financial companies are the largest proponents of start-up finance in the country, and the financing process is faster and simpler than with banks.

     
    Give Loans to People with Low Credit Scores:

    Banks check credit scores first, and if the credit score is low, the loan application is rejected. NBFCs, on the other hand, make loans to people with poor credit.

     
    Partnership:

    The combination of partnership and database aids in increasing financial inclusion penetration. To successfully reach a large number of customers while minimizing risks, NBFCs have formed partnerships, including with the government, to use their database to identify customer worthiness, and thus lending has been productive.

    ,
    Loan Recovery is Simple:

    Because NBFCs are very systematic and offer significantly less loan amount, borrowers return the amount easily, making it convenient for lenders. It contributes to customers receiving lower-interest loans. It is also simpler to obtain a loan from an NBFC because banks have stringent regulations and time-consuming paperwork.

     
    Provide a Variety of Options:

    NBFCS has made extensive use of technological advancements such as mobile phones and the internet, which has aided in making information easily accessible at any time and from any location. As a result, it reaches a larger audience more quickly and indirectly gives rise to larger NBFCs. It has decreased demand for and reliance on bank branches.


    RBI Requirements for Issuing an NBFC License

    To obtain an NBFC Registration License, the proposed NBFC must adhere to following RBI requirements:
    The business plan of the firm and the NBFC's capacity to pay back investors' loans must serve the societal good.
     
    Activities of NBFCs must not be harmful to the general public's ability to invest enough funds to get an NBFC registration license.
     
    Income potential of the proposed business
     
    Actions must be carried out in a way that serves the general welfare.
    The granting of licenses will help the nation's economy grow.

    Pre-Requisites for NBFC Registration in India

    As per the Section 45-IA of RBI, the following conditions must be satisfied for a company to be enrolled as an NBFC:

    Company Registration:

    The company must be registered in accordance with the Companies Act of 1956 or the Companies Act of 2013.

     

    Director Experience:

    At least one-third of the company's directors must have at least ten years of experience in the finance field and be employed as a full-time director.

     

    5-Year Business Plan:

    An applicant company must develop a detailed five-year business plan.

     

    Minimum NOF:

    The applicant must have a Net Owned Fund (NOF) of Rs. 2 crores and pay tax on it. However, due to price increases, GDP, and regulatory decisions, the entry point norms proposed to be revised from Rs. 2 crores to 20 crores. Applicable immediately for new registrations, with a 5-year grace period for existing registrations

     

    Quality capital test:

    The Reserve Bank of India conducts a quality capital test to ensure that invested capital is free of noncompliance with the prescribed laws.

     

    Capital Quality:

    An applicant company must meet the mandatory compliances.

     

    Credit History:

    The Company's credit score, directors, and shareholders must be in good standing, and they must not have purposefully defaulted on loan repayment to banks or NBFCs.

     

    FEMA Compliances:

    In the case of foreign investment, the company must have complied with the FEMA Act.

     

    Object clause:

    The object clause in the Memorandum of Association must correspond to the business plan.

     

    Appropriate Directors:

    The directors must be suitable and appropriate.

    How NBFCs are Different from Bank?

    # Factors NBFC Banks
    1 Meaning Meaning Anyone can access financial services from NBFCs without having a bank license. Government-approved financial intermediary Bank intends to offer banking services to the general population. Government-approved financial intermediary Bank intends to offer banking services to the general population.
    2 Demand Deposit Demand deposits are not permitted by NBFCs. Demand deposits are accepted by banks.
    3 Foreign Investment Foreign investment is fully permitted in NBFCs. Private sector banks are permitted up to 74% foreign investment.
    4 Creation of Credit Credit is not made by NBFC Credit is not made by NBFCs Credit is made by banks
    5 Management of reserve ratios In the case of NBFCs, not necessary Reserve ratios must be maintained by banks.
    6 Services for Transactionss NBFCs are unable to offer transaction services Transaction services are offered by banks.

    What is not included under NBFCs?

    The definition of an NBFC excludes institutions engaged in agriculture, industrial activity, the purchase or sale of goods (other than securities), the provision of services, or the construction or sale of real estate.

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