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RBI Proposes Exempting Smaller NBFCs from Registration Requirement

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Source: Mint

Why in News?

The Reserve Bank of India (RBI) has issued draft directions proposing to exempt certain small non-banking financial companies (NBFCs) from mandatory registration, citing their lower risk profile and limited systemic impact.

The draft norms are open for public comments until 4 March and are proposed to take effect from 1 April.

Key Proposal

NBFCs meeting the following criteria may be exempted from registration with RBI:

  • Do not accept public funds
  • Have no customer interface
  • Have an asset size below ₹1,000 crore

These entities will be categorised as “Unregistered Type I NBFCs.”

Rationale

According to RBI:

  • Such NBFCs primarily invest their own funds.
  • They pose minimal systemic risk.
  • Concerns relating to customer protection are not relevant.

The move is intended to reduce compliance burden and improve ease of doing business.

Scale-Based Regulation (SBR) Framework

In October 2021, RBI introduced the Scale-Based Regulatory Framework (SBR) for NBFCs, classifying them into:

  • Base Layer (Type I NBFCs)
  • Middle Layer
  • Upper Layer
  • Top Layer

Type I NBFCs (base layer) were recognised as low-risk entities deserving lighter regulation. The present draft operationalises this distinction by offering exemption from registration to eligible entities.

Definitions Clarified by RBI

Public Funds

Includes:

  • Any funds from outside sources
  • Indirect funds via associates or group entities
  • Loans from directors or shareholders (treated as public funds)
Customer Interface

Includes:

  • Lending
  • Providing guarantees
  • Offering financial products/services
  • Transactions with group entities, directors, or shareholders

Exception:

  • Employee loans provided under employment terms (non-commercial) are excluded.

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