Identification of principal business of nbfc

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Hi,
RBI came out with a press release on April 08, 1999 inwhich it said that in order to identify identify a particular company as a non-banking financial company (NBFC), it will consider both, the assets and the income pattern as evidenced from the last
audited balance sheet of the company to decide its principal business. The
company will be treated as an NBFC if its financial assets are more than 50
per cent of its total assets (netted off by intangible assets) and income from
financial assets should be more than 50 per cent of the gross income. Both
these tests are required to be satisfied as the determinant factor for principal
business of a company.

Now my question is whether both these two tests (Assets and Income )should hold true for a company to qualify as NBFC or either one of them??

Secondly, does any fee income earned as a brokerage for arranging a loans qualify as "income from financial assets"??

Thirdly, does the fee income charged from an asset holder (lender) for servicing his loan (administering the repayments and helping in recovery)  qualify as "income from financial assets"??

rgds..

Replies (3)
Originally posted by : Gaurav Aggarwal

Hi,
RBI came out with a press release on April 08, 1999 inwhich it said that in order to identify identify a particular company as a non-banking financial company (NBFC), it will consider both, the assets and the income pattern as evidenced from the last
audited balance sheet of the company to decide its principal business. The
company will be treated as an NBFC if its financial assets are more than 50
per cent of its total assets (netted off by intangible assets) and income from
financial assets should be more than 50 per cent of the gross income. Both
these tests are required to be satisfied as the determinant factor for principal
business of a company.
Now my question is whether both these two tests (Assets and Income )should hold true for a company to qualify as NBFC or either one of them??

"Yes, Both tests to be fulfilled"


Secondly, does any fee income earned as a brokerage for arranging a loans qualify as "income from financial assets"??
Thirdly, does the fee income charged from an asset holder (lender) for servicing his loan (administering the repayments and helping in recovery)  qualify as "income from financial assets"??

"I think it will be considered, because your principal business is dealing with Financial Assets."


rgds..

Thanks for the reply, Rajesh

Hi,

 

One of our clients are a Section 25 company which implements internationally funded rural development projects. As a part of its one project, it has received certain funds for promotion of business enterprises in rural areas by way of financing equity, near equity or debt instruments. The company has created a separate fund for these financing. The company shall in no case achieve 50% critieria of asset or income since it does carry on several other activities and financing can not be said to be its principal business.

 

My question is whether the company is still required to get registered as NBFC?

Is it possible for the company to start financing enterprises without obtaining registration as NBFC?

If the registration is compulsory, then whether a separate company to function as NBFC would need to be floated to achieve 50% critiria?

Deepak Ghanshani

 

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