Can a newly incorporated private limited comapny apply for NBFC registeration?
Replied 28 May 2013
A company incorporated under the Companies Act, 1956 and desirous of commencing business of non-banking financial institution as defined under Section 45 I (a) of the RBI Act, 1934 should comply with the following:
i. it should be a company registered under Section 3 of the companies Act, 1954
ii. It should have a minimum net owned fund of Rs 200 lakh.
Yes a private Company can definitely apply for registration as NBFC in adherence to the rules & regulations framed for NBFC's. I have attached the process for registration as nbfc for your reference.
Requirements to be complied with and documents to be submitted to RBI by
NBFCs for obtaining certificate and Registration from RBI
An indicative list of documents/information to be furnished along with the application. All
documents/information is to be submitted in duplicate.
1. Minimum NOF requirement Rs. 200 lakh.
2. Application to be submitted in two separate sets tied up properly in two separate files.
3. Annex II to be submitted duly signed by the director/Authorized signatory and certified
by the statutory auditors.
Annex III (directors’ profile) to be separately filled up for each director. Care should be
taken to give details of bankers in respect of firms/companies/entities in which directors
have substantial interest.
5. In case the directors are associated or have substantial interest in other companies,
indicate clearly the activity of the companies (whether NBFC or not).
6. Board Resolution specifically approving the submission of the application and its
contents and authorising signatory.
Board Resolution to the effect that the company has not accepted any public deposit, in
the past (specify period)/does not hold any public deposit as on the date and will not
accept the same in future without the prior approval of Reserve Bank of India in writing.
Board resolution stating that the company is not carrying on any NBFC activity/stopped
NBFC activity and will not carry on/commence the same before getting registration from
9. Auditors Certificate certifying that the company is/does not accept/is not holding Public
10. Auditors Certificate certifying that the company is not carrying on any NBFC activity.
11. Net owned fund as on date.
12. Certifying compliance with section 45S of Chapter IIIC of the RBI Act, 1934 in which
director/s of the company has substantial interest.
13. Details of changes in the Memorandum and Articles of Association duly certified.
14. Last three years Audited balance sheet along with directors & auditors report.
15. Details of clauses in the memorandum relating to financial business.
16. Details of change in the management of the company during last financial year till date
if any and reasons thereof.
17. Details of acquisitions, mergers of other companies if any together with supporting
18. Details of group companies/associate concerns/subsidiaries/holding companies.
19. Details of infusion of capital if any during last financial year together with the copy of
return of allotment filed with Registrar of Companies.
20. Details of the bank balances/bank accounts/complete postal address of the
branch/bank, loan/credit facilities etc. availed.
21. Business plan for next three years indicating market segment to be covered without any
element of public deposits.
22. Cash flow statement, asset/income pattern statement for next three years.
23. Brief background note on the activities of the company during the last three years and
the reasons for applying for NBFC registration.
II(b) is the company engaged in any capital market activity? If so, whether there has
been any non-compliance with SEBI Regulations? (Statement to be certified by
25. Whether any prohibitory order was issued in the past to the company or any other
NBFC/RNBC with which the directors/promoters etc. were associated? If yes, details
26. Whether the company or any of its directors was/is involved in any criminal case,
including under section 138(1) of the Negotiable Instruments Act? If yes, details thereof.
27. Whether the company was granted any permission by ECD to function as Full-fledged
28. Whether the company was/is authorised by ECD to accept deposits from NRIs.
CS Smriti Sharma
(ACS, B Samrish & Co.)
Replied 28 May 2013
Thanks a lot Parminder and Priya. But can a newly incorporated PRIVATE compnay can create NBFC.
CA Rajesh Pabari
Replied 15 June 2014
yes, newly incorporated company can also apply. It has to keep 200 lac NOF as required.
The same will be required in Fixed Deposits. Proof may also be asked as a proof.
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