Rainbow Finance Limited is a newly incorporated Non-Banking Financial Company (NBFC) in the category of Infrastructure and Finance Company. Its assets size is more than ₹ 100 billion. You are appointed as the company sec

CS Professional · Governance, Risk Management, Compliances and Ethics · PYQS · December 2023
Rainbow Finance Limited is a newly incorporated Non-Banking Financial Company (NBFC) in the category of Infrastructure and Finance Company. Its assets size is more than ₹ 100 billion. You are appointed as the company secretary of Rainbow finance limited. The chairman of board requires you to apprise him about the "fit and proper criteria" for appointment of director in the company. Write a note for the chairman of the board regarding "fit and proper criteria" as contained in the RBI Guidelines on Corporate Governance for NBFCS.

Answer & Explanation:

Fit and Proper Criteria All applicable NBFCs shall - ensure that a policy is put in place with the approval of the Board of Directors for ascertaining the fit and proper criteria of the directors at the time of appointment, and on a continuing basis; obtain a declaration and undertaking from the directors giving additional information on the directors; obtain a Deed of Covenant signed by the directors; furnish to the Bank a quarterly statement on change of directors, and a certificate from the Managing Director of the applicable NBFC that fit and proper criteria in selection of the directors has been followed. The statement must reach the Regional Office of the Department of Non-Banking Supervision of the Bank where the company is registered, within 15 days of the close of the respective quarter. The statement submitted by applicable NBFC for the quarter ending March 31, shall be certified by the auditors. Provided that the Bank, if it deems fit and in public interest, reserves the right to examine the fit and proper criteria of directors of any NBFC irrespective of the asset size of such NBFC.

Topics: RBI Guidelines

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