Investment in NBFCs from FATF non-compliant jurisdictions


Quick Summary
The Reserve Bank of India has issued new guidelines regarding investments in Non-Banking Financial Companies (NBFCs) from jurisdictions identified by the Financial Action Task Force (FATF) as non-compliant. These new rules differentiate between investments from compliant and non-compliant jurisdictions. Existing investors from non-compliant jurisdictions can continue their investments or make new ones as per current regulations to ensure business continuity. However, new investors from or via these non-compliant jurisdictions must not acquire 'significant influence' in the NBFC, with aggregate voting power capped below 20%.

RESERVE BANK OF INDIA
www.rbi.org.in

RBI/2020-2021/97
DOR.CO.LIC.CC No.119/03.10.001/2020-21

February 12, 2021

To

Non-Banking Financial Companies (NBFCs)
(including Housing Finance Companies) and
Asset Reconstruction Companies

Madam / Dear Sir,

Investment in NBFCs from FATF non-compliant jurisdictions

The Financial Action Task Force (FATF) periodically identifies jurisdictions with weak measures to combat money laundering and terrorist financing (AML/CFT) in its following publications: i) High-Risk Jurisdictions subject to a Call for Action, and ii) Jurisdictions under Increased Monitoring. A jurisdiction, whose name does not appear in the two aforementioned lists, shall be referred to as a FATF compliant jurisdiction. Investments in NBFCs from FATF non-compliant jurisdictions shall not be treated at par with that from the compliant jurisdictions.

2. Investors in existing NBFCs holding their investments prior to the classification of the source or intermediate jurisdiction/s as FATF non­compliant, may continue with the investments or bring in additional investments as per extant regulations so as to support continuity of business in India.

3. New investors from or through non-compliant FATF jurisdictions, whether in existing NBFCs or in companies seeking Certification of Registration (COR), should not be allowed to directly or indirectly acquire ‘significant influence’ in the investee, as defined in the applicable accounting standards. In other words, fresh investors (directly or indirectly) from such jurisdictions in aggregate should

Department of Regulation, Central Office, 2nd Floor, Main Office Building, Shahid Bhagat Singh Marg, Fort, Mumbai – 400 001 Tel No:+91-22-22709038, Email :helpdnbr@rbi.org.in be less than the threshold of 20 per cent of the voting power (including potential1 voting power) of the NBFC.

4. These instructions are applicable with immediate effect.

Yours faithfully,

– sd –
(Prakash Baliarsingh)
Chief General Manager

Note:

1 Potential voting power could arise from instruments that are convertible into equity, other instruments with contingent voting rights, contractual arrangements, etc. that grant investors voting rights (including contingent voting rights) in the future. In such cases, it should be ensured that new investments from FATF non-compliant jurisdictions are less than both (i) 20 per cent of the existing voting powers and (ii) 20 per cent of existing and potential voting powers assuming those potential voting rights have materialised.

FAQ :

FATF non-compliant jurisdictions are those identified by the Financial Action Task Force as having weak measures to combat money laundering and terrorist financing. They appear on lists such as 'High-Risk Jurisdictions subject to a Call for Action' or 'Jurisdictions under Increased Monitoring'.

Yes, investors in existing NBFCs who held investments prior to the jurisdiction being classified as FATF non-compliant may continue with their investments or make additional ones as per existing regulations to support business continuity in India.

New investors from or through FATF non-compliant jurisdictions, whether in existing NBFCs or companies seeking registration, should not be allowed to directly or indirectly acquire 'significant influence'. Their aggregate voting power (including potential voting power) must be less than 20% of the NBFC's voting power.

For the purpose of these rules, 'significant influence' is defined according to applicable accounting standards. Essentially, new investors from non-compliant jurisdictions should not collectively hold more than 20% of the voting power.

Yes, these instructions are applicable with immediate effect from February 12, 2021.

 
Notification No : RBI/2020-2021/97 DOR.CO.LIC.CC No.119/03.10.001/2020-21
Source : https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=12027&Mode=0



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