NBFC Registration in India

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NBFC Registration in India

Registering as a Non-Banking Financial Company (NBFC) in India involves adhering to regulatory guidelines set by the Reserve Bank of India (RBI). NBFCs play a crucial role in the financial sector by offering various financial services like loans, advances, and investments. To initiate the NBFC registration process, applicants must meet specific capital adequacy requirements, submit detailed documentation including business plans and financial projections, and undergo a rigorous scrutiny process by the RBI. Once approved, NBFCs must comply with ongoing regulatory norms to maintain their operational status and contribute to the country's financial ecosystem.

Roles and Functions of NBFC

NBFC have very significant role to play and also these are working actively to promote Financial inclusion and also to those who are complimenting banking sectors.
Some of the Roles and Functions of NBFC are as follows:-
1)NBFC creates a favorable balance in addressing the Financial needs of the country, also when large number of applicants are turned down by Traditional Banks of India.
2)NBFC provides loan on alternative credit basis to assess the loan application.
3)Indian Fintech startup use these registrations in order to offer Financial Services.

Role and Functions of NBFC License in India

Obtaining an NBFC license in India (Non-Banking Financial Company) enables a company to perform various financial activities without being classified as a traditional bank. Here are the key roles and functions associated with an NBFC license:


Financial Intermediation:
NBFCs facilitate financial intermediation by accepting deposits, providing loans and advances, leasing, hire-purchase, insurance business, etc.

Credit Services:
They extend credit facilities like loans, advances, and investments, often focusing on specific sectors or customer segments not fully served by banks.

Investment Activities:
Investment operations carried out by NBFCs include the purchase of stocks, bonds, debentures, shares, and other securities issued by municipal or federal governments.

Asset Financing:
They provide asset financing services including equipment leasing, hire-purchase finance, and infrastructure financing, contributing to capital formation.

Payment Services:
Some NBFCs offer payment services and facilitate electronic fund transfers, money market activities, and other payment and settlement functions.

Wealth Management:
NBFCs may offer wealth management services, portfolio management, and advisory services related to investments, insurance, and financial planning.

Microfinance:
Many NBFCs focus on microfinance, providing small loans and financial services to low-income individuals and small businesses.

Regulatory Compliance:
NBFCs are regulated by the Reserve Bank of India (RBI) and must comply with regulatory requirements concerning capital adequacy, prudential norms, reporting, and disclosure standards.

Financial Inclusion:
They play a crucial role in promoting financial inclusion by reaching out to underserved and unbanked segments of society and providing them with access to financial services.

Risk Management:
NBFCs manage various financial risks such as credit risk, interest rate risk, liquidity risk, and operational risk through appropriate risk management practices and frameworks.

Overall, an NBFC license empowers companies to participate actively in the financial sector, offering a range of services that complement those provided by traditional banks while catering to specific market niches and customer ne

Type of RBI Registered NBFC in India

In India, registered Non-Banking Financial Companies (NBFCs) can be categorized based on their principal activities and the type of services they offer. Here are some common types of RBI RBI-registered NBFCs in India :

Asset Finance Company (AFC):
Primarily finances the purchase of physical assets such as automobiles, machinery, equipment, etc.

Investment Company (IC):
Engages in the acquisition of securities.

Loan Company (LC):
Provides loans and advances.

Infrastructure Finance Company (IFC):
Finances infrastructure projects as defined by the RBI.

Systemically Important Core Investment Company (CIC-ND-SI):
Holds investments in its group companies and is systemically important.

Micro-Finance Institution (MFI):
Provides microfinance services, typically to low-income groups.

Non-Banking Financial Company - Micro-Finance Institution (NBFC-MFI):
Specifically engages in microfinance activities.

Non-Banking Financial Company - Factors (NBFC-Factors):
Engages in factoring business.

Non-Banking Financial Company - Infrastructure Finance Company (NBFC-IFC):
Raises funds through bonds and loans for infrastructure projects.

Benefits of NBFC license from RBI

Obtaining a Non-Banking Financial Company (NBFC) license from the Reserve Bank of India (RBI) can offer several benefits to entities looking to engage in financial activities. NBFCs play a crucial role in the Indian financial system by providing various financial services, excluding traditional banking services. Here are some key benefits of obtaining an NBFC license from RBI:

Diversification of Financial Services
NBFCs has the flexibility to offer a wide range of financial services such as loans and advances, acquisition of shares/stocks/bonds/debentures, leasing, hire-purchase, insurance business, and more. This allows for diversification and adaptation to market demands.

Targeting Specific Segments
NBFCs can specialize in catering to specific market segments, industries, or types of financial products, allowing them to develop niche markets and build expertise in specific areas.

Credit Enhancement
NBFCs can play a crucial role in providing credit to sectors that may be underserved by traditional banks. This can contribute to financial inclusion and economic development by reaching out to a wider range of borrowers.

Flexible Business Models
NBFCs have a more flexible regulatory framework compared to banks, allowing for innovation and adaptation to changing market conditions. This flexibility can be advantageous in responding to customer needs and market trends.

Quick Decision-Making
NBFCs often have streamlined decision-making processes compared to traditional banks. This agility can be beneficial in responding quickly to market opportunities and adapting to changing economic conditions.

Less Stringent Regulatory Requirements
While regulatory oversight is still present, NBFCs generally face less stringent regulations compared to banks. This can reduce the regulatory burden and compliance costs for smaller financial entities.

Filling Gaps in Financial Services
NBFCs can fill gaps in the financial services landscape by providing complementary services to traditional banking institutions. This contributes to a more robust and comprehensive financial ecosystem.

Rapid Growth Potential
With the right business model and strategy, NBFCs have the potential for rapid growth, especially in sectors with high demand for specialized financial services.

Access to Funding
Being regulated by the RBI enhances the credibility of an NBFC, making it easier to attract funding from banks, financial institutions, and investors. This access to funding is crucial for the growth and sustainability of the NBFC.

Contribution to Economic Growth
NBFCs plays a vital role in supporting economic growth by providing financial services to various sectors, facilitating investment, and contributing to overall economic development.

Eligibility Criteria for Online NBFC Registration in India

The eligibility criteria for online registration of an NBFC (Non-Banking Financial Company) in India typically include the following:

Company Structure:

The applicant must be registered as a company under the Companies Act, 2013 or earlier acts.

Minimum Net Owned Fund (NOF):

The minimum Net Owned Fund (NOF) requirement varies based on the type of NBFC. For example:

  • For NBFCs engaged in non-financial activities: NOF of at least ₹15 lakhs.
  • For NBFCs engaged in financial activities: NOF requirements can vary, often starting from ₹2 crores.

Management

The management must be competent, with at least one director having experience in financial services or related fields.

Fit and Proper Criteria:

Directors and shareholders must meet the fit and proper criteria as per RBI guidelines, which include criteria related to financial soundness, integrity, and track record.

Business Plan:

A detailed business plan outlining the activities and projections for at least the next three years.

Compliance:

The applicant must comply with all regulatory requirements and guidelines issued by the Reserve Bank of India (RBI) for NBFCs.

Infrastructure:

Adequate infrastructure must be in place to conduct the proposed business activities.

Online Application Requirements:

The applicant must have the necessary documents ready for online submission, including identity proofs, address proofs, financial statements, business plans, etc.

Documents Required NBFC Registration Online in India

The documentation required for NBFC Registration Online in India typically involves a comprehensive set of documents to establish the entity's eligibility, compliance, and financial soundness. The specific documents may vary based on the type of NBFC and the nature of financial services it intends to provide. Here is a general list of documents commonly required for NBFC registration Online :

Incorporation Documents

Certificate of Incorporation issued by the Registrar of Companies (RoC).L Memorandum and Articles of Association (MOA and AOA). Board resolution for NBFC registration.

Company PAN and TAN

Audited financial statements, including balance sheets, profit and loss statements, and cash flow statements for the last three years (if applicable).

Net Owned Funds (NOF) Certificate

Certificate from a Chartered Accountant confirming the Net Owned Funds as per RBI guidelines.

Fit and Proper Declaration

Fit and Proper declarations from directors and key management personnel.

Business Plan

Comprehensive business plan outlining the proposed activities, target market, and operational plans.

Credit Information Report (CIR)

Credit Information Report of the company and its directors from credit information companies.

Details of Group Companies

Details of any group companies, along with their financials and NOC (No Objection Certificate) from the parent company if applicable.

Banker's Report

Banker's report on the company's account conduct and financial soundness.

Infrastructure and Systems

Details of the infrastructure and systems in place for conducting financial operations.

Risk Management Framework

Framework for risk management, including policies and procedures.

Details of Promoters and Shareholding

Details of promoters, shareholding pattern, and share certificates.

Compliance Certificate

Compliance certificate from a Company Secretary or Chartered Accountant confirming adherence to regulatory requirements.

Regulatory Approval

Regulatory approval from the RBI for NBFC registration.

Due Diligence Reports

Due diligence reports on directors and key management personnel.

Application Forms

Completed application forms as prescribed by the RBI.

Undertaking and Declarations

Various undertakings and declarations as required by the RBI.

NBFC Registration Fee

A company registering as an NBFC with a Net Owned Fund of Rs. 2 crores must pay an approximate processing cost of Rs. 3, 50,000 to complete the NBFC license registration process. If you choose to use an NBFC consultant's professional knowledge, there will be an additional fee of 10–12 lakhs rupees. As a result, the total cost to obtain an NBFC license for you might be between Rs. 15 and 16 lakhs.

What is the NBFC Registration in the India Process?

The registration process for a Non-Banking Financial Company (NBFC) in India is regulated by the Reserve Bank of India (RBI). The process involves several steps, and applicants need to adhere to the guidelines provided by the RBI. Here is a general overview of the NBFC registration process:

Preparation and Eligibility Assessment

Understand the specific type of NBFC registration you are seeking (e.g., Asset Finance Company, Microfinance Institution, etc.). Ensure that your entity meets the eligibility criteria, including the minimum Net Owned Funds (NOF) requirement.

Incorporation of the Company

Incorporate the company as per the Companies Act, 2013, with the necessary documents such as the Certificate of Incorporation, Memorandum of Association (MOA), and Articles of Association (AOA).

Minimum Capital Requirements

Ensure that the company has the minimum required Net Owned Funds (NOF) based on the type of NBFC.

Appointment of Key Personnel

Appoint directors and key management personnel who meet the fit and proper criteria specified by the RBI.

Prepare Business Plan

Develop a comprehensive business plan outlining the proposed activities, target market, and operational plans of the NBFC.

Compliance with Regulatory Requirements

Ensure compliance with the regulatory requirements prescribed by the RBI, including risk management frameworks, infrastructure, and systems.

Credit Information Report (CIR)

Obtain the Credit Information Report of the company and its directors from credit information companies.

Due Diligence Reports

Prepare due diligence reports on directors and key management personnel.

Application Forms

Obtain and fill out the prescribed application forms provided by the RBI for NBFC registration.

Submission of Application

Submit the completed application forms and supporting documents to the Regional Office of the RBI under whose jurisdiction the registered office of the company is located.

Acknowledgment of Application

Upon submission, the RBI will provide an acknowledgment of the application.

Verification and Processing

The RBI will undertake a detailed examination of the application, including the business plan, financial statements, and compliance with regulatory requirements.

Clarifications and Additional Information

The RBI may seek clarifications or additional information during the processing of the application.

Issue of Certificate of Registration

Once satisfied with the application, the RBI will issue the Certificate of Registration, allowing the entity to operate as an NBFC.

Public Notice

Publish a public notice indicating that the company has obtained NBFC registration from the RBI.

Benefits of Choosing BiatConsultant as an NBFC Registration Consultant in Delhi

Choosing BiatConsultant as your NBFC registration consultant in India offers several benefits:

Expertise and Experience:

BiatConsultant specializes in NBFC registration, bringing deep knowledge and experience in navigating the regulatory landscape and ensuring compliance with RBI guidelines.

Efficiency:

They streamline the registration process, leveraging their expertise to handle paperwork, filings, and documentation efficiently, saving you time and effort.

Tailored Solutions:

They provide customized solutions based on your specific business needs and objectives, ensuring that the NBFC structure and activities align with regulatory requirements.

Comprehensive Support:

BiatConsultant offers end-to-end support, from initial consultation to post-registration compliance, including assistance with drafting business plans, financial projections, and other necessary documents.

Regulatory Compliance:

They keep abreast of the latest RBI regulations and guidelines, ensuring that your NBFC registration process remains compliant at all stages.

Risk Management:

They help mitigate risks by ensuring that all aspects of the registration process are handled meticulously and by regulatory standards.

Transparent Communication:

BiatConsultant maintains transparent communication throughout the process, keeping you informed about the progress and any regulatory updates.

Cost-Effective:

Engaging a specialized consultant like BiatConsultant can often be cost-effective in terms of avoiding potential delays, penalties, or regulatory non-compliance issues.

Some FAQs Related to NBFC Registration in India

Common List Of Questioner That Our Customer Ask From Us -Solved !
What Are The Types of NBFC in India?
There are Two kinds of NBFC in India and they are as follows-
NBFC based on the authorization to take deposits
1.The Deposit taking NBFC (Type 1)
2.Non- Banking accepting NBFC (Type 2)

NBFC based on their activities :
1.Non-Banking Financial Company-- Investment and credit company
2.Infrastructure Debt Fund
3.Peer to peer lending marketplace
4.Infrastructure Finance company
5.Core investment company
6.Mortgage guarantee company
7.Mutual benefit Finance company
What is the RBI NBFC Pre Registration Requirement?
1.Register a company as per Companies Act, 2013
2.Minimum capital of 2 crores in the account holder is Compulsory.
3.Create a Fixed Deposit of 2 Crores.
4.FDI compliance as per FEMA Act ( in case of Foreign investment)
5.Complete Documentation is required
6.Necessary documents along with FD Receipt is to be submitted before RBI.
Documents required for NBFC License?
1.MOA of NBFC company is being required in which object of the company is represented.
2.Certified copy of registration certificate is required from the Regional Registrar of Companies.
3.Latest updated KYC and income Proof of directors and shareholders are required.
4.Updated net worth of Director and shareholders of the company is to be attached along with the documents.
5.Banker report on initial Fixed deposit of Rs. 2 cr.
6.Proof of Educational qualification of directors and shareholders.
7.Latest credit reports of directors and shareholders.
8.Submission of Director’s profile which proves at least 10+ years experience in financial institution
9.Detailed action plan about the Loan products, Fair practice code, credit and Risk assessment policy
10.Submission of IT process.
Procedure for registration of NBFC Registration ?
1.Firstly one should hire the consultant who is expertise in this field . Fortunately we are one of those ( BIATConsultant )
2.Then there should be some Business plan in its registration process which involves Founders and executive services, Loan Product, lending procedure with standard operating procedure, SWOT analysis, credit and risk model, competitors analysis, Financial forecast etc.
3.Formation and incorporation of the company and that company must be NBFC registration under companies act, 2013 or earlier Companies Act, 1956.
4.The minimum amount of net owned capital or fund which must be possessed by the aspirant company for NBFC registration in india is 2 Cr, i.e. paid up equity share capital.
5.Open a fresh bank account. Here NBFC registration required minimum capital has to be kept in the deposit account opened which must be free from all liens. Generally such amounts are maintained in the form of Fixed deposit, but while making the application to the RBI then this amount has to be maintained in their Bank account as RBI verifies the deposits of the company with the concerned bankers.
6.The aspirant company is required to submit the application for NBFC registration online to the RBI. after which the Applicant company will get an application reference number for NBFC registration. After that, the company is required to submit the hard copy of the online application along with the required documents to the concerned regional office of the RBI.
What are the sources of Funds For an NBFC?
Yes NBFC are the companies that are registered under Companies Act, 2013 and after its registration, the Applicant is required to obtain its Certificate of registration or NBFC License from RBI.
What is meant by principle business in context of a registered NBFC?
If an NBFC has more than 50 percent of of the total assets or revenue from financial services comprises more than 50% of the gross income. A company fulfilling both these conditions will be eligible to apply for NBFC license to the RBI.
Can NBFCs accept deposits?
Only those NBFCs who are granted license or eligibility to accept deposits only those NBFCs can accept deposits. However it must not be a Demand Deposit.
Does NBFC required to be registered with RBI?
To carry out its operations, it is required for NBFCs to get it registered to RBI, because RBi have controls the day to day business and also issues directions from time to time.
What are the basic requirement for the takeover of NBFCs?
Prior approval from RBI is required and once it is approved then an Application is to be submitted on the letterhead of the company to the regional office of the RBI for getting the approval. Once the approval is granted then public notice in the leading newspaper is published . thereafter share purchase agreement is signed and takeover is effected.
Is FDI (Foreign Direct Investement) is allowed in newly incorporated NBFC?
There is no limitation on FDI in NBFC, but FDI must be in the form of T1 equity. If you bring FDI at the initial stage of registration, you need to comply with FEMA provisions along with the RBI Act.
What is an NBFC, and why is registration necessary?
An NBFC, or Non-Banking Financial Company, is a financial institution that provides banking services without meeting the legal definition of a bank. Registration with the Reserve Bank of India (RBI) is mandatory for an entity to operate as an NBFC, ensuring compliance with regulatory norms.
What are the different types of NBFCs?
There are various types of NBFCs, including Asset Finance Companies, Investment Companies, Loan Companies, Microfinance Institutions, Infrastructure Finance Companies, and more. The type of NBFC registration depends on the financial services the entity intends to provide.
What are the eligibility criteria for NBFC registration?
Eligibility criteria include company incorporation, minimum Net Owned Funds (NOF), fit and proper criteria for directors, a detailed business plan, management experience, and compliance with prudential norms. Specific criteria may vary based on the type of NBFC.
How much Net Owned Funds (NOF) are required for NBFC registration?
The minimum Net Owned Funds (NOF) requirement depends on the type of NBFC. It is essential to refer to the latest guidelines issued by the RBI for specific NOF criteria.
What is the NBFC registration process?
The NBFC registration process involves company incorporation, meeting minimum capital requirements, appointing key personnel, preparing a business plan, ensuring compliance with regulatory requirements, obtaining a Credit Information Report, filling out application forms, applying to the RBI, and undergoing a verification and processing phase.
How long does the NBFC registration process take?
The timeline for NBFC registration can vary. It depends on factors such as the completeness of the application, the complexity of the business plan, and the responsiveness of the applicant in providing the requested information. Typically, it may take several months.
Is it necessary to appoint a Company Secretary for NBFC registration?
While it's not mandatory, having a Company Secretary can be beneficial for ensuring compliance with regulatory requirements and documentation.
What are the ongoing compliance requirements for registered NBFCs?
Registered NBFCs must comply with prudential norms, submit periodic reports to the RBI, maintain proper accounting records, and adhere to any regulatory changes introduced by the RBI.
Can an NBFC accept public deposits?
Whether an NBFC can accept public deposits depends on the type of NBFC and the specific conditions outlined in its registration certificate. Not all types of NBFCs are allowed to accept public deposits.
What happens if an NBFC fails to comply with regulatory requirements?
Non-compliance with regulatory requirements may result in penalties, suspension, or cancellation of the NBFC's registration. NBFCS must stay informed about regulatory changes and adhere to compliance norms.
What is an RBI Registered NBFC?
An RBI Registered NBFC is a financial institution that has obtained registration from the Reserve Bank of India (RBI) to carry out non-banking financial activities in India.
How does the RBI define an NBFC?
The RBI defines an NBFC as a company engaged in the business of loans and advances, acquisition of shares/stocks/bonds/debentures, leasing, hire-purchase, insurance, or other financial activities.
What are the key benefits of obtaining NBFC registration from the RBI?
Benefits include the ability to diversify financial services, contribute to economic growth, and access funding more easily.

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