Is the procedure for incorporating Housing Finance Company is same as any other Company? Elucidate.

CS Executive · Setting up of Business Entities and Closure · PYQS · December 2022
Is the procedure for incorporating Housing Finance Company is same as any other Company? Elucidate.

Answer & Explanation:

The procedure for incorporating a Housing Finance Company (HFC) is the same as any other company. The Reserve Bank, after satisfying itself on the fulfilment of following conditions provided under sub-section (4) of Section 29A of the National Housing Bank Act, 1987 may grant a Certificate of Registration: housing finance institution is or shall be in a position to pay its present or future depositors in full as and when their claims accrue; the affairs of the housing finance institution are not being or are not likely to be conducted in a manner detrimental to the interest of its present or future depositors; the housing finance institution has adequate capital structure and earning prospects; the general character of the management or the proposed management of the housing finance institution shall not be prejudicial to the public interest or the interests of its depositors; the public interest shall be served by the grant of certificate of registration to the housing finance institution to commence or to carry on the business in India; the grant of certificate of registration shall not be prejudicial to the operation and growth of the housing finance sector of the country; and any other condition, fulfilment of which in the opinion of the Reserve Bank, shall be necessary to ensure that the commencement of or carrying on the business in India by a housing finance institution shall not be prejudicial to the public interest or in the interests of the depositors; the Reserve Bank may, wherever it considers necessary so to do, require the National Housing Bank to inspect the books of such housing finance institution and submit a report to the Reserve Bank for the purpose of considering the application. The Reserve Bank may, after being satisfied that the conditions specified in sub-section (4) are fulfilled, grant a certificate of registration subject to such conditions which it may consider fit to impose.

Topics: Financial Services

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