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A company is registered as a NBFC by RBI if its principal business is conducting financial activity. What does conducting financial activity as “principal business” mean?
That the company’s financial assets constitute more than fifty per cent of the total assets
That the company’s income from financial assets constitute more than fifty per cent of the gross income
That the company deals with financial products made for customers other than retail customers
Both (a) and (b)
Financial activity as principal business is when a company’s financial assets constitute more than 50 per cent of the total assets and income from financial assets constitute more than 50 per cent of the gross income. A company which fulfils both these criteria will be registered as NBFC by RBI. The term 'principal business' is not defined by the Reserve Bank of India Act. The Reserve Bank has defined it so as to ensure that only companies predominantly engaged in financial activity get registered with it and are regulated and supervised by it.
Hence if there are companies engaged in agricultural operations, industrial activity, purchase and sale of goods, providing services or purchase, sale or construction of immovable property as their principal business and are doing some financial business in a small way, they will not be regulated by the Reserve Bank.
Interestingly, this test is popularly known as 50-50 test and is applied to determine whether or not a company is into financial business.
Learning: A Non-Banking Financial Company (NBFC) is a company registered under the Companies Act, 1956 engaged in the business of loans and advances, acquisition of shares/stocks/bonds/debentures/securities issued by Government or local authority or other marketable securities.
However, this excludes institutions whose principal business is that of agriculture activity, industrial activity, purchase or sale of any goods (other than securities) or providing any services and sale/purchase/construction of immovable property.
By: Pradeep Kumar ProfileResourcesReport error
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