Loan Company Registration

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What is loan company registration?

Loan company is a type of Non-Banking, Financial Company. As the names suggest, Loan company is a financial institution carrying on the business principle of providing finance by way of loan or advance for supporting the activities other than its own. It provides aid to loans and financial assistance related needs in a transparent and speedy manner. Loan company is registered as a Non-Banking, Financial Company under Companies Act, 2013. Loan company raises funds from the public, and lend them to ultimate spenders. These companies advance loans to the small-scale industries, various wholesale and retail traders and others who need financial assistance. Loan companies are being recognized as complementary to banks due to their attractive rates of return on deposits, simplified procedure and meeting the credit need timely.

Registration Process of Loan company -NBFC

A loan company is a Non-Banking Financial company which is registered under the Companies Act, 2013 with an Authorized Capital of 200 Lakh. It can be registered either as a Private Limited Company or as a Public Limited Company.

As per the RBI Act, a non-banking financial company is defined as: –

a financial institution which is a company;

A non-banking institution which is a company and which has as its principal business the receiving of deposits, under any scheme or arrangement or in any other manner, or lending in any manner;

such other non-banking institution or class of such institutions, as the bank may, with the previous approval of the Central Government and by notification in the Official Gazette

Procedure for Loan company registration

  • The applicant company needs to be registered under the Companies Act, 2013 with a minimum paid up capital of Rs. 2 crores.
  • If a foreign company wants to register itself as NBFC in India its minimum capital shall be Rs. 5 crores.
  • Once the company is registered as Private Limited or Public Limited Company it needs to open a Fixed Deposit of Rs. 2 Crores.
  • After company registration and the Fixed Deposit process is over, you can move ahead to file the application in prescribed format with all necessary documents to Reserve Bank of India.
  • If the Reserve Bank of India is satisfied that the documents are complete and are as per the requirement of Section 45-IA of the RBI Act of 1934, it may grant the license to the company to work as a Non-Banking Financial Company and grant Certificate of NBFC registration.
  • After getting the Certificate from the Reserve Bank of India, Loan Company can start providing loans to the public.

Frequently Asked Questions

Procedure for Loan company registration

The applicant company needs to get itself registered under the provisions of the Companies Act, 2013 with a minimum paid-up capital of Rs. 2 crores.

If in case a foreign company desires to get itself registered as an NBFC in India, its minimum paid-up capital shall be Rs. 5 crores.

Once the company is duly registered as a Private Limited or as a Public Limited Company, it needs to open anFD (Fixed Deposit) of Rs. 2 Crores

After the process of company registration and the Fixed Deposit is over, one can move ahead for filing the application in prescribed format with along with all the necessary documents to the Reserve Bank of India

If in case the Reserve Bank of India (RBI) is satisfied that all the documents filed are duly complete and are as per the requirement outlined in Section 45-IA of the RBI Act, 1934, it may issue the license to the concerned company to work as an NBFC(Non-Banking Financial Company) and will also grant Certificate of NBFC registration.

After obtaining the Certificateof Registration from the Reserve Bank of India (RBI), Loan Company can start the activity of providing loans to the public.

Procedure for Registering a Finance Company in India

Research about the Industry–First and foremost, it is important to have a good understanding and knowledge about the financial sector. Next, he is required to decide the type of finance company he or she wants to operate, as the Indian finance companies operate differently than the traditional banks and each of them have specific requirements.

Apply for the Company Registration – After the concerned applicant has chosen his business model, he needs to apply for the finance company registration. For which he needs tovisit a local branch of the Reserve Bank of India (RBI)or visit its official website. Now, download the application form for the NBFC registration and enter the required information and details. Next, he or she is required to upload the said form so that he or she can receive a reference number.

Visit a regional office of the RBI with the provided reference number and the registration form. If in case the concerned personmeets the requirements mentioned in Section 45-IA of the RBI (Reserve Bank of India Act) of 1934, then the bank will issue him a Certificate of Registration within a period of fivetosix months.

Further, in order to determine what type of NBFC license suits the applicant needs. This will depend on the nature and type of business. One can easily start an asset finance company, a micro-finance institution, a loan company,and more.

No matter what the concerned applicant chooses, in India, registering a finance company isnot going to be an easy task. So, he or she needs to be prepared to file outextensive paperwork and wait for a final decision. In the meantime, he can create a business plan.

Assess the available Business Requirements – Depending on the size and nature of the concerned business, analyse the costs involved in setting up. Now, consider the utilities, salaries and wages, office space andmarketing activities. In addition, the concerned individual will also require to invest in the advertising, web design anddigital marketing.

Further, also determine the number of employees needed in the company. Also, decide whether the concerned individual is going to run the business all his alone or with a financial partner. For example, if a person is having a lending business, he or she could hire a mortgage broker, who will act as an intermediary between the concerned company and the borrowers in exchange for a fixed commission.

Develop a Business Plan – Once the applicanthas obtained the license, now write down about theshort- and long-term goals,strategies,missionand the product offerings. Moreover, also consider the market conditions and the potential competitors.

A company which is not having any financial assets which is more than 50 per cent of its total assets, and moreover, does not derive at least 50 per cent of its gross income from such assets is not a Non-Banking Financial Corporation. Further, its principal business will be non-financial activity such as theindustrial activity, agricultural operations, purchase or sale of the goods or purchase or construction of the immovable property, and will be considered as a non-banking non-financial company (NBFC). Further, acceptance of deposits by an NBFC(Non-Banking Non-Financial Company)is governed and regulated by the rules and regulations issued by the MCA (Ministry of Corporate Affairs).

Loan Company is one of the types of NBFC primarily engaged, in the business, of providing finance to the public whether by making advances or loans or otherwise from any activity other than its own. However, it does not include an Asset Finance company, equipment leasing company or a hire-purchase company.

No, a private Limited company is not allowed to accept a loan from the outsiders.However, it is eligible to accept a loan from his directors. If in case a private company accepts any amount from any of the outsiders, then it shall be considered as a deposit as per the provisions of the Companies Act, 2013 and then the company is required to comply with all the deposits rules.

No, anNBFC (Non-Banking Financial Company) cannot give interest free loans. Further, for understanding this concept, one should read section 185 and 186 of the Companies Act, 2013. However, under certain prescribed circumstances, few companies are exempted from the compliance of such sections.

NBFCs (Non-banking financial companies) are those financial institutions that offer several banking services to the general public but do not have a banking license. Normally, these institutions are not allowed to take any traditional demand deposits or readily available funds, such as those in savings accounts from the public. Further, NBFCs can provide banking services such as loans and credit facilities, retirement planning, money markets, currency exchange, underwriting, and merger activities.

Both the Banks and NBFCs compete against each other for some similar kinds of business on the asset side. Further, NBFCs provide products or services which include corporate loans, leasing and hire-purchase, investment in the non-convertible debentures, margin funding, small ticket loans, IPO funding, venture capital, etc. However,the NBFCs do not provide any kind of operating account facilities such as savings and current deposits, overdrafts, cash credits etc.

Yes, NBFCs are eligible to offer unsecured working capital loans in the form of facilities such as the cash credit, overdraft, and bill discounting etc. Butit is significant to note that theNBFCs are more focused towards the consumer loans and term loans.

Overall, obtaining online personal loans are very safe and easy to use, provided the concerned applicant take a few precautions and also check to see that the concerned lender has secured its website. Further, in order to ensure safety while borrowing online, the concerned applicant is required to make sure that he or she is dealing with a reputable lender. Furthermore, it is also significant for the concerned applicant to keep an eye out for the red flags. Lastly, the major risk attached whenever borrowing money online is of losing money, as the fake lenders can easily set up a shop, promise the world to world to fool, and charge their fees for approving applicant’s loan.

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Delhi, India

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