Hitesh
(CA)
(459 Points)
Replied 26 September 2012
As per the RBI press release 1998-99/1269 dated April 08, 1999, A Company will be treated as a NBFC if both the following contitions are cumulatively satisfied:
Condition 1: Its Financial Assets are more than 50 per cent of its Total Assets (net of Intangible Assets, if any); AND Condition 2: Its Income from Financial Assets is more than 50 per cent of the Gross Income.
There conditions have to be verified every year and a certificate of the auditor is required to be given with the auditors report.
Once a company becomes a NBFC it has to seek registration with the RBI.
Subsequently if other than permissible activity is carried on (in this case renting) then company will loose its NBFC status.
Further since it has lost NBFC status it cannot continue to new activities that a NBFC is allowed like giving loans, making investments etc.
Further, the Reserve Bank of India (RBI) has come up with concept of CORE INVESTMENT COMPANIES (CIC's) regulations for NBFC companies. A reference to the link below may provide you further clarity on concept of CIC's & NBFC.
https://www.cautility.in/Utility%20pages/index%20-%20Statutes%20-%20Regulatory%20-%20NBFC.html
Hope this resolves your query.
Regards, - show quoted text -