NBFC license
admin
24-04-2025
Today, NBFCs are one of the main drivers of
credit availability and inclusion across the Indian financial country. NBFCs
provide most of the services like banks in terms of lending, investing, asset
financing, and microfinance, without holding any banking license. The
increasing interest among entrepreneurs and financial firms to enter the sector
raises one regularly asked question: how to get an NBFC license in India?
This blog is intended to explain nbfc
licensing-from meaning and eligibility to step by step processing, required
documents, compliance, and the role of Chartered Accountants in the
registration journey.
What is NBFC Importance?
Understanding the term in breadth, NBFC
refers to a non-banking financial company. This company performs all the
activities that a bank does, but it doesn't accept demand deposits. Such
institutions are registered under the Companies Act and provided with all
financial services like that of a bank. Regulated by RBI, NBFCs are critical in
financing segments like MSME, retail trade, infrastructure, and personal
lending.
If banks form the formal credit market,
then NBFCs reach out to those sectors which are underbanked. They are one of
the important components of the financial system in India, as they operate
under RBI's guidelines and licenses, without which they cannot engage in any
financing activity.
Who Can Apply for NBFC License in India?
A company intending to apply for an NBFC
license must first be registered under the Companies Act, 2013. The RBI has
further stipulated certain eligibility criteria:
Minimum Net Owned Fund (NOF): The company should have a minimum NOF of Rs. 2 crore.
Qualified Directors: one-third of the overall directors should have experience with
financial services.
Clean Record: There's no criminal and financial background for promoters and
directors.
Main Business Activity: More than 50 percent of the total assets and income of the company
should come from financial activities.
Not Accepting Public Deposits: The company should not accept public deposits except when making an
application to become a deposit-taking NBFC as such has stricter norms.
All these ensure that the financial
segment's sensitive market is only entered by the genuine and able
institutions.
Types of NBFCs in India
Be sure that the pertinent form of NBFC
that suits your objectives is known before applying. Some common ones include:
Loan Company (LC): A loan and advance provider.
Asset Finance Company (AFC): Financier of physical assets such as vehicles and machinery.
Investment Company (IC): Deal with the acquisition of securities.
Micro Finance Institution (MFI): Make a small loan to marginalized sections of society.
Infrastructure Finance Company (IFC): Investors in infrastructure projects.
Each will have its own compliance and
documentation requirements, as laid out by the RBI.
A Stepwise Process to Act in Pursuit of
the NBFC License
The NBFC licensing process, although
elaborate, can be handled smoothly if rightly approached:
1. Company Registration: Registration
as a private or public limited company with the Ministry of Corporate Affairs
is the first step.
2. Net
Owned Funds to Be Secured: A minimum of ?2 crore
has to be deposited as NOF in the company's bank account.
3. Document
Preparation: All necessary documents including MOA,
AOA, Board Resolutions, KYC of directors, financial statements, and the
business plan should be collected.
4. Online
Application through the RBI portal: Online
application through the RBI portal COSMOS-the central registration system for
NBFCs.
5. Hard
Copies Submission: Hard copies of the application
and attachment must be sent to the Regional RBI Office after submission in
online mode.
6. Inspection
by RBI: The RBI can ask for further information or
clarifications; when satisfied, consider giving a CoR for undertaking NBFC
activities.
It might take about 4-6 months based on the
completeness and compliance level of the application.
Documents Required in Applying for an
NBFC License
It is essential to ensure that all the
documents are accurate and up to date. Other things that would be generally
required include:
• Certificate
of Incorporation
• PAN
and CIN of the company
• Self-KYC
documents of the Directors along with educational qualifications
• Comprehensive
business plan and financial projections
• Board
resolution to accept registration as NBFC
• Statutory
Auditor's Certificate for confirming on NOF
• Audited
financial statements
• Bankers
Report
Any documents that are short or incorrectly
made may delay the approval process or lead to rejection.
Compliances After Getting an NBFC
License
Once NBFCs are registered, they are
required to comply with certain regulations:
• Returns
could be regular filing, like NBS-1, NBS-9, and ALM statements.
• Audits:
Annual Statutory Audits of the financials as laid down by RBI norms.
• Prudential
Norms: These are capital adequacy, provisions for bad loans, and exposure
limits.
• Fair
Practices Code: The code will have to be actively implemented in dealing
with customers and reported to the RBI.
• No
Public Deposits: Unless registered as a deposit-taking NBFC, you will not
be able to accept funds from the public.
Noncompliance may lead to a penalty or
cancellation of the license by RBI.
Common Challenges Faced in NBFC
Registration
Difficulties do abound in getting an NBFC
license:
• Understanding
the complex RBI guidelines.
• Get
the correct documentation collated and submitted.
• Delay
arising due to missing papers or incompleteness in business objectives.
• High
cost of statutory compliance and maintenance.
This is where help from professionals
will be required.
How a Chartered Accountant Can Be of
Assistance
A chartered accountant helps in a
simplified process regarding assignments. Here is how:
• Regulatory
Advice: Assist in interpreting RBI guidelines with reference to your type
of NBFC.
• Documentation
Preparation: Help with preparing financial statements, projections and
filings.
• Licensing
Support: Manages the whole application process and communication with RBI.
• Compliance
Management: All post-registration compliance is done properly.
• Audit
& Tax Advisory: Help with annual audits, tax returns and financial
governance.
Choosing the right CA firm generally
ensures that your experience in registration is smooth, quick and legally
compliant.
FAQs on NBFC Licensing in India
Q1: Can I apply for an NBFC license without ?2
crore capital?
No,
RBI mandates minimum ?2 crore net owned fund.
Q2: How much time does it usually take to
register an NBFC?
Normally, it takes about 4 to 6 months if the
application is complete and well-documented.
Q3: Does NBFC take deposits from the
public?
Only “deposit-taking” NBFCs can accept
public deposits under strict RBI norms.
Q4: What is the cost of NBFC registration?
Government fees are small, but the total cost
for professional and compliance fees could reach the level of ?4-5 lakh.
Q5: What if I carry on business without
holding the NBFC license?
Conducting any business activity without
holding a valid NBFC license is illegal and would attract penalties,
prosecution, and shutting down the business.
Conclusion:
Begin the Proper Way for Your NBFC Setting up
your NBFC is the best way to not just have a business that will realize profit
but more so participate actively in India's maturing financial system. It
involves the cost of registration and compliance that required financial
discipline, regulatory knowledge, as well as expert assistance. In case you
want to apply for an NBFC license in India, keep documentation and guidance
ready.