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#$As an NBFC what products would you deal with and what would you not
deal with. Formulate marketing strategy for all products/services you shall deal
with showing clearly the profit margins.

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A Non-Banking Financial Company (NBFC) is a company registered under the Companies Act,
1956 and is engaged in the business of loans and advances, acquisition of
shares/stock/bonds/debentures/securities issued by Government or local authority or other
securities of like marketable nature, leasing, hire-purchase, insurance business, chit business but
does not include any institution whose principal business is that of agriculture activity, industrial
activity, sale/purchase/construction of immovable property. A non-banking institution which is a
company and which has its principal business of receiving deposits under any scheme or
arrangement or any other manner, or lending in any manner is also a non-banking financial
company (Residuary non-banking company).

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NBFCs are doing functions akin to that of banks; however there are a few differences:

(i) an NBFC cannot accept demand deposits;

(ii) an NBFC is not a part of the payment and settlement system and as such an NBFC
cannot issue cheques drawn on itself; and

(iii) deposit insurance facility of Deposit Insurance and Credit Guarantee Corporation is
not available for NBFC depositors unlike in case of banks.

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In terms of Section 45-IA of the RBI Act, 1934, it is mandatory that every NBFC should be
registered with RBI to commence or carry on any business of non-banking financial institution as
defined in clause (a) of Section 45 I of the RBI Act, 1934.

However, to obviate dual regulation, certain categories of NBFCs which are regulated by other
regulators are exempted from the requirement of registration with RBI viz. Venture Capital
Fund/Merchant Banking companies/Stock broking companies registered with SEBI, Insurance
Company holding a valid Certificate of Registration issued by IRDA, Nidhi companies as
notified under Section 620A of the Companies Act, 1956, Chit companies as defined in clause
(b) of Section 2 of the Chit Funds Act, 1982 or Housing Finance Companies regulated by
National Housing Bank.

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Originally, NBFCs registered with RBI were classified as:

(i) equipment leasing company;

(ii) hire-purchase company;
(iii) loan company;
(iv) investment company.
However, with effect from December 6, 2006 the above NBFCs registered with RBI have been
reclassified as

(i) Asset Finance Company (AFC)

(ii) Investment Company (IC)
(iii) Loan Company (LC)

AFC would be defined as any company which is a financial institution carrying on as its
principal business the financing of physical assets supporting productive/economic activity, such
as automobiles, tractors, lathe machines, generator sets, earth moving and material handling
equipments, moving on own power and general purpose industrial machines. Principal business
for this purpose is defined as aggregate of financing real/physical assets supporting economic
activity and income arising therefrom is not less than 60% of its total assets and total income
respectively.

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All NBFCs are not entitled to accept public deposits. Only those NBFCs holding a valid
Certificate of Registration with authorisation to accept Public Deposits can accept/hold public
deposits. NBFCs authorised to accept/hold public deposits besides having minimum stipulated
Net Owned Fund (NOF) should also comply with the Directions such as investing part of the
funds in liquid assets, maintain reserves, rating etc. issued by the Bank.

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Effective from April 24, 2004, NBFCs cannot accept deposits from NRIs except deposits by
debit to NRO account of NRI provided such amount does not represent inward remittance or
transfer from NRE/FCNR (B) account. However, the existing NRI deposits can be renewed.
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