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What is NBFC (NON-BANKING FINANCIAL COMPANY) ?

A Non-Banking Financial Company (NBFC) is a company registered under the Companies Act, 2013 which is engaged in the business of loans and advances, acquisition of shares/ bonds/ stocks/securities/debentures issued by Government or local authority or other marketable securities of a like nature, leasing, hire-purchase, chit business, insurance business but does not include any institution whose principal business is that of industrial activity, agriculture activity, sale or purchase of any goods (other than securities) or providing any services and sale/purchase/construction of immovable property. NBFCs are those companies which are not a proper uniform bank and don't hold a banking license, but provide a variety of helpful and supportive services to borrower, investors and public deposits in selected sectors of business.
The most preferred are for NBFC registration is finance and leasing, investment fund, hire-purchase, insurance business, an instrument of capital and money market, commercial and industrial loans & advances, deposits, etc.

NBFC can raise funds from the public, directly or indirectly, and can freely lend them to ultimate spenders. The minimum tenure to accept deposits is 12 months (1 year), and the maximum period consists of 60 months (5 years). NBFC advance loans to the various small, wholesale, and retail traders as well as self-employed persons. NBFC is very popular due to attractive interest rates on the investors’ deposits. 

A Non Banking Financial Company is a company incorporated under the Companies Act, 2013 or The Companies Act 1956 which is engaged in financial activities comparable to that of a bank. 

The working and operating of NBFCs are regulated by the Reserve Bank of India (RBI) within the framework of the Reserve Bank of India Act. Section 45-IA provides that no NBFC shall commence or carry on the business of a Non- Banking Financial Institution without obtaining a Certificate of NBFC Registration which can only be issued by the Reserve Bank of India. Easy to register and Easy Compliances

To accept public deposits, NBFCs should follow all the terms and conditions, and rules and regulations prescribed in the Non-Banking Financial Companies Acceptance of Public Deposits Directions, 1998. 

TYPES OF NBFC INDIA

Asset Finance Companies (AFC)

An Asset Finance Company is a financial institution which carries on principal business of financing of physical assets such as automobiles, lathe machines, tractors, moving on own power and general purpose industrial machines.

Loan Companies (LCs)

Loan Company is a financial institution carrying on its principal business the providing of finance whether by making loans or advances or otherwise, for any activity other than its own but does not include an Asset Finance Company.

Investment Companies (ICs)

An Investment Company is a financial institution carrying on as its principal business the acquisition of securities. You can do NBFC registration in any of these forms depending upon your choice of business.

Requirement For NBFC Registration

The Eligibility Criteria for NBFC Registration or NBFC License In India is as Follows:

  • Prior to the organization to get NBFC Registration Or NBFC License, it ought to have enrolled in RBI. The reason is that the controls and activity of NBFC will be according to the RBI Act, 1934. Consequently, area 45-IA RBI, 1934 notices that to be an NBFC part, it ought to be an individual from RBI. 
  • As per RBI Act, NBFC part ought to have a base net worth of Rs.2 crores and Should also Have nbfc company registration. 
  • To enroll in RBI, the organization should fill in the application form endorsed by the RBI. The organization ought to likewise present all the important reports. 
  • At the point when the organization fulfills every one of the terms and states of RBI Regulation, including the documents, it will be issued a testament. This endorsement is called as ‘Certificate of Registration’. 
  • At that point, the NBFC can acknowledge public deposits after the ownership of this testament. 
  • NBFCs to acknowledge public deposits, they ought to take after every one of the terms and conditions recommended in the Non-Banking Financial Companies Acceptance of Public Deposits Directions, 1998.

Documents Needed For NBFC Registration

  • Certificate of Registration precise can be gotten from separate ROC office  
  • Affirmed duplicates of a concentrate of main object clause in the MOA identifying with the monetary business. 
  • Board Resolution expressing that :

    a) The Company isn’t carrying on any action as of Non-Banking Financial Company and won’t start an indistinguishable task from like NBFCs before getting enrollment from RBI. 

    b) The UIB’s in the gathering where the chief holds significant intrigue or generally has not acknowledged any open store before and isn’t holding the same and won’t acknowledge the same in future.
  • The organization follows Fair practices code according to the RBI Guidelines. 
  • The organization has not acknowledged open finances before/does not hold any open finances as on the date and won’t acknowledge the same later on without the endorsement of Reserve Bank of India. 
  • The organization does not have any client interface as on the date and won’t have any client interface later on without the endorsement of the Reserve Bank of India. 
  • A duplicate of Fixed Deposit receipts and bankers certificate of no lien showing adjusts in help of NOF. Settled store post-RBI endorsement can be utilized for just for NBFCs Registration. 
  • For organizations as of now in presence, the Audited Balance Sheet and P&L account alongside chiefs and inspectors report or for the whole time frame the organization is in presence, or for most recent three years whichever is submitted. 
  • According to Recent rules of RBI, Bankers report for candidate gathering/auxiliary, relate, holding the organization and all related gathering executives having a significant interest for different organizations must be joined with the application. 
  • The duplicate of the authentication of most noteworthy instructive and CA/CS/CWA proficient capability in regard to all executives. 
  • A duplicate of experience declaration, assuming any, in the Financial Services Sector (counting Banking Sector) in regard to all executives.

Steps Involved In NBFC Company Registration

The candidate for  NBFC Registration Or NBFC License is required to apply on the web and furthermore present a physical duplicate of the NBFC Registration Form alongside the important records to the Regional Office of the RBI 

The application can be submitted online by getting to RBI’s secured site https://cosmos.rbi.org.in. At this stage, the candidate organization won’t have to sign on to the COSMOS application and subsequently user ids are not required.  

The candidate organization can click on Click for Company Registration on the login page of the COSMOS Application. A window demonstrating the Excel application form accessible for download would be shown. The candidate NBFC would then be able to download the appropriate NBFC Registration Form. 

After uploading the filled-in application frame, a Company Application Reference Number will be generated. : Thereafter, the organization needs to present the printed copy of the application form (showing the online Company Application Reference Number) alongside the supporting documents, to the concerned Regional Office. The organization can check the status of the NBFC Registration Form on the web. 

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NBFC REGULATION

Every single different movement, exchanges, and working of the NBFCs of India are directed, managed, and entirely controlled by the RBI, in total understanding with the controls and arrangements which are given in the Chapter III B of the RBI Act of 1934. NBFCs as a rule, are liable to the NBFC Regulations of the RBI of India which is declared every now and then by this summit budgetary establishment of the nation:

  • NBFCs are not approved by the law to acknowledge Deposits from open contributors, public depositors, investors or speculators. 
  • NBFCs are presently engaged to issue checks to their clients for installment or settlement purposes. 
  • The securing office of the Deposit Insurance and Credit Guarantee Corporation (DICGC) isn’t accessible to the contributors of NBFCs; and subsequently, RBI does not ensure reasonable and dependable reimbursement of the stores by these organizations. 
  • Again, the qualified NBFCs can accept /renew deposits for a settled period that shifts from one year to five years. 
  • NBFCs are not permitted to give higher or more noteworthy financing costs than the prescribed ceiling rate by the RBI, at the predetermined purpose of time. At the show, the maximal measure of premium any non-keeping money monetary organization of India can give to its contributors is 12.5% for every annum. 
  • NBFCs are not allowed or advantaged by the RBI to give any additional or extra advantages/motivating forces/endowments to their clients or contributors, than those for the most part offered by the banks.

Difference Between NBFC And 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:
i. NBFC cannot accept demand deposits;
ii. NBFCs do not form part of the payment and settlement system and cannot issue cheques drawn on itself;
iii. deposit insurance facility of Deposit Insurance and Credit Guarantee Corporation is not available to depositors of NBFCs, unlike in case of banks.