Referring to the provisions of Companies Act, 2013, state the circumstances under which the Reserve Bank of India may cancel the certificate of registration granted to a Non-Banking Financial Company (NBFC).
CS Executive · Setting up of Business Entities and Closure · PYQS · June 2023
Referring to the provisions of Companies Act, 2013, state the circumstances under which the Reserve Bank of India may cancel the certificate of registration granted to a Non-Banking Financial Company (NBFC).
Answer & Explanation:
The Reserve Bank of India ("RBI or Bank") may cancel a certificate of registration granted to a non-banking financial company if such company- Ceases to carry on the business of a non-banking financial institution in India; or has failed to comply with any condition subject to which the certificate of registration had been issued to it; or at any time fails to fulfil any of the conditions referred to in clauses (d) to (g) of sub-section (4); or fails- to comply with any direction issued by the Bank; or to maintain accounts in accordance with the requirements of any law or any direction or order issued by the Bank; or to submit or offer for inspection its books of account and other relevant documents when so demanded by an inspecting authority of the Bank; or has been prohibited from accepting deposit by an order made by the Bank and such order has been in force for a period of not less than three months: Provided that before cancelling a certificate of registration on the ground that the non-banking financial company has failed to comply with the provisions of clause (ii) or has failed to fulfil any of the conditions referred to in clause (iii) the Bank, unless it is of the opinion that the delay in cancelling the certificate of registration shall be prejudicial to public interest or the interest of the depositors or the non-banking financial company, shall give an opportunity to such company on such term as the Bank may specify for taking necessary steps to comply with such provision or fulfilment of such condition. Provided further that before making any order of cancellation of certificate of registration, such company shall be given a reasonable opportunity of being heard.
Topics: Non-Banking Financial Company (NBFC)
Related Questions in this Topic
- Differentiate between 'Asset Finance Company' and 'Infrastructure Finance Company'.
- Rakesh is interested to form a Non-Banking Financial Company (NBFC) for carrying business of providing micro finance in ...
- You have been appointed as liquidator by the National Company Law Tribunal (NCLT) in the matter of winding up of ABC Ltd...
- PP Constructions Ltd. (PPCL) is a supplier of building material to MN Builders Ltd. (MNBL). MNBL owes ₹ 1.50 crore to PP...
- Discuss the compliance requirements to retain the status of a dormant company.