EM Finvest Ltd. desires to obtain the Non-Banking Financial Company (NBFC) License from the Reserve Bank of India (RBI). The company approaches to seek your advice on the documents required to be submitted to RBI for obt
CS Executive · Setting up of Business Entities and Closure · PYQS · December 2023
EM Finvest Ltd. desires to obtain the Non-Banking Financial Company (NBFC) License from the Reserve Bank of India (RBI). The company approaches to seek your advice on the documents required to be submitted to RBI for obtaining NBFC License. Advise EM Finvest Ltd.
Answer & Explanation:
The application for NBFC License must be submitted online and offline with the necessary documents to the Regional Office of the Reserve Bank of India. The following are the documents that need to be submitted for NBFC License: Information about the management. Certified copies of Certificate of Incorporation and Certificate of Commencement of Business in case of public limited companies. Certified copies of up-to-date Memorandum and Articles of Association of the company. Details of clauses in the memorandum relating to financial business. Copy of PAN/CIN allotted to the company. Directors' profile, separately filled up and signed by each director. Certificate from the respective NBFC/s where the Directors have gained NBFC experience. CIBIL Data pertaining to Directors of the company. Financial Statements of the last 2 years of unincorporated Bodies, if any, in the group where the directors may be holding directorship with/without substantial interest. Board Resolution specifically approving the submission of the application and its contents and authorizing signatory. Board Resolution to the effect that the company has not accepted any public deposit, in the past (specify period)/does not hold any public deposit as on the date and will not accept the same in future without the prior approval of Reserve Bank of India in writing. Board resolution stating that the company is not carrying on any NBFC activity/ stopped NBFC activity and will not carry on/commence the same before getting registration from RBI. Certified copy of Board resolution for formulation of "Fair Practices Code". Statutory Auditors Certificate certifying that the company is/does not accept/is not holding public deposit. Statutory Auditors Certificate certifying that the company is not carrying on any NBFC activity. Statutory Auditors Certificate certifying net owned fund as on date of the application. Details of Authorized Share Capital and latest shareholding pattern of the company including the percentages. Copy of Fixed Deposit receipt & banker's certificate of no lien indicating balances in support of Net Owned Funds. Details of the bank balances/bank accounts/complete postal address of the branch/bank, loan/credit facilities etc. availed. Last three years Audited balance sheet and Profit & Loss account along with directors & auditors report or for such shorter period as are available (for companies already in existence). Business plan of the company for the next three years giving details of its (a) thrust of business, (b)market segment and (c)projected balance sheets, cash flow statement, asset/income pattern statement without any element of public deposits. Source of the startup capital of the company substantiated with documentary evidence. Self-attested Bank Statement/IT returns etc. In addition to the above documents, more documents may be required as per the RBIs requirement for NBFC License. Accordingly, EM Finvest Ltd. is advised.
Topics: Non-Banking Financial Companies (NBFCs)
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