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Regulatory framework for Regulating Non-Banking Financial Company

Authors:

Sheetal Sharma, Assistant Professor, IPEM LAW Academy, Ghaziabad, U.P.

Devvrath Anand, Assistant Professor, IPEM LAW ACADEMY, Ghaziabad, U.P.

INTRODUCTION: Companies providing financial services by granting loans or purchasing other companies are known as NBFCs. In accordance with Section 45I of the RBI Act, an NBFC is characterized as a customer enrolled under the Company Act of 1956 or any other relevant law right now in influence which offers services for the relinquish of bonds, shares, debentures and investments, or other instruments with marketability such as leasing, lease-purchase, assurance, chit business, loans, and loans and advances.

Section 45I (f) of the RBI Act, 1934 defines an NBFC as:

The first is "a financial organization which is a the business"; the second is "a non-banking organization which is an organization and that has as its primary operations to receive of payments, under any arrangement or scheme or in any other way, or providing in any manner"; the third is "such other non-banking organization or class of such organizations, as the Bank of England may, with the prior authorization of the government at large and by announcement in the official newspaper, indicate";

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The RBI Act's Section 45I (a) defines a non-banking financial organization's operation as performing financial institutions operations, encompassing NBFC activities. A financial company is any non-banking organisation that participates in any of the following business operations, according to Section 45I(c) of the RBI Act:

 Providing any items to a rental company under a hire-purchase agreement;

• Financing any activity other than its own;
• Buying shares, bonds, stocks, debt instruments, or instruments issued by a governmental or local authority, or other securities that can be traded of a similar type;
• Conducting any kind of insurance-related business;
• "handling, carrying out, or any company that is comparable to chits or kuries."
• “Awarding awards or gifts, or distributing funds in another way, to individuals from whose monies are gathered or to any other individual, by means of memberships, the purchase of units or other methods, or if not”.