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NBFCs and Microfinance Institutions: Rules and Types

Banking exam notes on NBFCs: definition, section 45-IA registration, the fifty-fifty test, Scale Based Regulation layers and the microfinance loan framework.

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NBFCs and Microfinance Institutions: Rules and Types — GK24 title card
NBFCs and Microfinance Institutions: Rules and Types — GK24 title card

A non-banking financial company lends, invests and leases like a bank but is not a bank, and the whole of this topic in a banking paper turns on that one sentence. What an NBFC may do, what it may never do, which section of the law it registers under, how the Reserve Bank sorts it into layers, and the separate set of rules for lending small sums to poor households are all rule-based, which means none of it dates and all of it can be learnt once. This note sets out the definition, the classification, the differences from a bank, and the microfinance framework.

What an NBFC is

An NBFC is a company registered under the Companies Act whose business is loans and advances, the acquisition of shares, debentures or other securities, leasing, hire purchase, insurance business or chit business. A company whose principal business is agriculture, industrial activity, trading in goods other than securities, the providing of services, or the purchase, sale or construction of immovable property is not an NBFC. To separate the two, the Reserve Bank applies the principal business criteria, known as the fifty-fifty test: a company is an NBFC if its financial assets are more than fifty per cent of its total assets and its income from those assets is more than fifty per cent of its gross income. Both conditions must be satisfied.

Registration is compulsory under section 45-IA of the Reserve Bank of India Act, 1934, which was inserted by the amendment of 1997, and the company must hold a certificate of registration and the prescribed minimum net owned fund. The requirement stood at two crore rupees for many years, and the Reserve Bank has since set a glide path raising it in stages towards ten crore rupees for the main categories. A deposit-taking NBFC must also keep liquid assets under section 45-IB.

How an NBFC differs from a bank

PointBankNBFC
Demand depositsMay acceptCannot accept
Cheques on itselfMay issueCannot issue
Payment and settlement systemIs a part of itIs not a part of it
Deposit insuranceAvailable from the DICGCNot available to depositors
Reserve requirementsMaintains CRR and SLRKeeps liquid assets under section 45-IB if it takes deposits
Governing law for licenceBanking Regulation Act, 1949Section 45-IA of the RBI Act, 1934

The classification of NBFCs

By liabilities an NBFC is either deposit-taking or non-deposit-taking, and a non-deposit-taking company with assets of five hundred crore rupees or more is treated as systemically important. By activity the main categories are the Investment and Credit Company, which in 2019 absorbed the earlier asset finance, loan and investment companies, the Infrastructure Finance Company, the Infrastructure Debt Fund, the Core Investment Company, the NBFC-Factor, the Mortgage Guarantee Company and the NBFC-Microfinance Institution. Housing finance companies have been regulated by the Reserve Bank since August 2019, having been under the National Housing Bank before that.

Since 1 October 2022 the Reserve Bank has applied Scale Based Regulation, which arranges NBFCs in four layers, so that the rules tighten as a company grows:

  • Base Layer: non-deposit-taking NBFCs below an asset size of one thousand crore rupees, and certain categories regardless of size.
  • Middle Layer: all deposit-taking NBFCs, larger non-deposit-taking companies, and categories such as infrastructure finance companies and core investment companies.
  • Upper Layer: the companies the Reserve Bank identifies as warranting the closest supervision, on a scoring methodology.
  • Top Layer: kept empty, to be filled only if the Reserve Bank judges that a company in the upper layer has become a substantial risk.

Microfinance and the NBFC-MFI

Microfinance is the supply of very small loans, savings and insurance to households that a bank branch has historically not reached. In India it grew through two channels. The Self Help Group and Bank Linkage Programme, launched by NABARD in 1992 as a pilot, connects savings groups of women directly to a bank branch, and it is the largest microfinance programme in the world by the number of households. The second channel is the microfinance institution itself, lending to a Joint Liability Group whose members guarantee one another in place of collateral.

After the microfinance crisis in Andhra Pradesh in 2010, the Reserve Bank appointed a sub-committee of its central board under Y. H. Malegam, and its report of January 2011 led to the creation of the NBFC-MFI as a separate category. The present rules come from the Reserve Bank's framework for microfinance loans of 2022, which applies the same conditions to every lender, bank or NBFC:

  • a microfinance loan is a collateral-free loan given to a household whose annual income does not exceed three lakh rupees;
  • the monthly repayment obligations of a household on all its loans may not exceed fifty per cent of its monthly household income;
  • no collateral and no prepayment penalty may be taken, and a penal charge may be applied only on the overdue amount;
  • an NBFC-MFI must hold not less than seventy-five per cent of its total assets as microfinance loans, the figure that replaced the earlier requirement of eighty-five per cent of net assets as qualifying assets;
  • every lender must have a board-approved policy on pricing, must disclose a factsheet of charges, and must follow the rules against coercive recovery.

Two bodies recognised by the Reserve Bank as self-regulatory organisations for the sector are MFIN, the Microfinance Institutions Network, and Sa-Dhan. Refinance for small lenders comes through NABARD and SIDBI, and MUDRA, set up in April 2015 as a subsidiary of SIDBI, refinances micro loans in three slabs named Shishu, Kishore and Tarun. Several of the largest NBFC-MFIs later took banking licences, which is how Bandhan became a universal bank and Ujjivan and Equitas became small finance banks.

How the question is set

Expect the section number, the fifty-fifty test, the list of what an NBFC cannot do, the four layers of Scale Based Regulation with their date, the systemic importance threshold, and the numbers of the microfinance framework. The commonest trap is to offer deposit insurance or the acceptance of demand deposits as something an NBFC may do.

Exam Point of View

Banking papers set the section number, so section 45-IA for registration and section 45-IB for liquid assets must be fixed, with section 22 of the Banking Regulation Act kept apart as the licensing provision for banks. The fifty-fifty test is asked as a two-limb condition and the trap is an option that satisfies only one limb. The list of what an NBFC cannot do is asked almost every year, and the standing trap is to offer deposit insurance or the acceptance of demand deposits as permitted. On Scale Based Regulation, remember four layers and the date of 1 October 2022, and keep 500 crore rupees for systemic importance apart from 1,000 crore rupees for the Base Layer boundary. For microfinance, the three numbers are 3 lakh rupees of annual household income, 50 per cent of monthly income as the repayment cap and 75 per cent of total assets for an NBFC-MFI; the older 85 per cent of net assets no longer applies.

Important Facts

RegistrationSection 45-IA, Reserve Bank of India Act, 1934, inserted in 1997
Liquid assetsSection 45-IB, for a deposit-taking NBFC
Principal business criteriaFinancial assets above 50 per cent of total assets and income above 50 per cent of gross income
Cannot doAccept demand deposits; issue cheques on itself; join the payment system; offer DICGC cover
Systemically importantNon-deposit-taking NBFC with assets of 500 crore rupees or more
Scale Based RegulationIn force 1 October 2022; four layers, Base, Middle, Upper and Top
Base LayerNon-deposit-taking NBFCs below 1,000 crore rupees in assets
Merged categoryInvestment and Credit Company, formed in 2019 from asset finance, loan and investment companies
Housing financeRegulated by the Reserve Bank since August 2019, earlier by the National Housing Bank
CommitteeMalegam Committee, report of January 2011, after the Andhra Pradesh crisis of 2010
Microfinance loanCollateral-free loan to a household with annual income up to 3 lakh rupees
Repayment cap50 per cent of monthly household income, for all loans together
NBFC-MFI portfolioAt least 75 per cent of total assets as microfinance loans
SHG-Bank LinkageLaunched by NABARD in 1992; NABARD established July 1982
Self-regulatory bodiesMFIN and Sa-Dhan, recognised by the Reserve Bank
Grameen BankFounded by Muhammad Yunus, Bangladesh; Nobel Peace Prize 2006, jointly with the bank

Practice MCQs on this topic

Q1.Banking & Financial AwarenessMedium

Under which section of the Reserve Bank of India Act, 1934 is registration compulsory for a non-banking financial company?

  1. A.Section 42
  2. B.Section 45-IA
  3. C.Section 22
  4. D.Section 35A
Show answer
Correct answer: B. Section 45-IA

Explanation

The correct answer is B, section 45-IA. The section was inserted by the Reserve Bank of India (Amendment) Act of 1997 and requires an NBFC to hold a certificate of registration from the Reserve Bank and to maintain the prescribed minimum net owned fund before it can carry on business. Option A, section 42, deals with the cash reserve ratio that a scheduled bank must keep with the Reserve Bank, so it belongs to banks and not to NBFCs. Option C, section 22, is the licensing provision for banking companies, but it sits in the Banking Regulation Act of 1949 rather than in the Reserve Bank of India Act. Option D, section 35A, is the Reserve Bank's general power to issue directions to banking companies. The companion provision worth remembering is section 45-IB, which requires a deposit-taking NBFC to keep liquid assets.

Q2.Banking & Financial AwarenessEasy

Which of the following is a non-banking financial company NOT permitted to do?

  1. A.Give loans and advances
  2. B.Accept demand deposits
  3. C.Acquire shares and debentures
  4. D.Carry on hire purchase business
Show answer
Correct answer: B. Accept demand deposits

Explanation

The correct answer is B, accept demand deposits. An NBFC cannot accept demand deposits, cannot issue cheques drawn on itself, is not part of the payment and settlement system, and its depositors do not have the cover of the Deposit Insurance and Credit Guarantee Corporation. Those four points together are the difference between an NBFC and a bank. Option A is wrong as a choice because lending is the core activity of an NBFC and is written into its very definition. Option C is wrong for the same reason, since the acquisition of shares, debentures and other securities is one of the activities that defines the business. Option D is wrong because hire purchase is specifically named among the permitted activities, along with leasing, insurance business and chit business. A deposit-taking NBFC may accept term deposits, which is what makes this question worth reading twice.

Q3.Banking & Financial AwarenessMedium

Under the principal business criteria applied by the Reserve Bank, a company is treated as an NBFC when

  1. A.financial assets exceed 50 per cent of total assets and income from them exceeds 50 per cent of gross income
  2. B.financial assets exceed 25 per cent of total assets only
  3. C.income from financial assets exceeds 75 per cent of gross income only
  4. D.it is registered under the Companies Act and has any financial asset
Show answer
Correct answer: A. financial assets exceed 50 per cent of total assets and income from them exceeds 50 per cent of gross income

Explanation

The correct answer is A. The Reserve Bank uses what the industry calls the fifty-fifty test: both conditions must hold, so financial assets must be more than half of total assets and the income from those assets must be more than half of gross income. A company that meets only one of the two is not an NBFC. Option B is wrong because twenty-five per cent is not the threshold in either limb of the test. Option C is wrong on two counts: the figure is fifty and not seventy-five, and the income limb alone is never enough. Option D is wrong because incorporation under the Companies Act is a precondition for every company and says nothing about principal business; a manufacturer that parks money in securities is not an NBFC. The reason for the test is to separate a finance company from a trading, manufacturing or service company that also holds investments.

Q4.Banking & Financial AwarenessMedium

The Scale Based Regulation framework for NBFCs, in force since 1 October 2022, arranges them into how many layers?

  1. A.Two
  2. B.Three
  3. C.Four
  4. D.Five
Show answer
Correct answer: C. Four

Explanation

The correct answer is C, four. The layers are the Base Layer, the Middle Layer, the Upper Layer and the Top Layer, and the regulation becomes stricter as a company moves up, so that supervision matches the risk a company poses to the system. Option A, two, reflects the older division into deposit-taking and non-deposit-taking companies, which still exists but is not the layered framework. Option B, three, is the usual wrong answer, because candidates remember the base, middle and upper layers and forget the fourth. Option D, five, is simply wrong. The detail that completes the answer is that the Top Layer is kept empty by design and will be populated only if the Reserve Bank judges that a company in the Upper Layer has come to pose a substantial increase in systemic risk.

Q5.Banking & Financial AwarenessMedium

A non-deposit-taking NBFC is treated as systemically important when its asset size is

  1. A.100 crore rupees and above
  2. B.250 crore rupees and above
  3. C.500 crore rupees and above
  4. D.1,000 crore rupees and above
Show answer
Correct answer: C. 500 crore rupees and above

Explanation

The correct answer is C, five hundred crore rupees and above. A non-deposit-taking NBFC of that size is classified as systemically important, written as NBFC-ND-SI, and becomes subject to prudential norms on capital adequacy, exposure and disclosure that smaller companies escape. Option A, one hundred crore, was never the threshold. Option B, two hundred and fifty crore, is an invented figure placed between the real ones. Option D, one thousand crore, is the strongest distractor because it is a real threshold in this topic, but a different one: under Scale Based Regulation a non-deposit-taking NBFC below one thousand crore rupees in assets generally sits in the Base Layer. Keep the two numbers apart as five hundred crore for systemic importance and one thousand crore for the boundary of the Base Layer.

Q6.Banking & Financial AwarenessMedium

The regulatory framework that created the NBFC-MFI as a separate category followed the report of which committee?

  1. A.Narasimham Committee
  2. B.Malegam Committee
  3. C.Nachiket Mor Committee
  4. D.Raghuram Rajan Committee
Show answer
Correct answer: B. Malegam Committee

Explanation

The correct answer is B, the Malegam Committee. After the microfinance crisis in Andhra Pradesh in 2010, the Reserve Bank appointed a sub-committee of its central board under Y. H. Malegam to study the lending practices of microfinance institutions, and its report of January 2011 led to the NBFC-MFI being carved out as a distinct category with its own rules on margins, interest and recovery. Option A, the Narasimham Committee, reported on banking sector reform in 1991 and 1998 and has nothing to do with microfinance. Option C, the Nachiket Mor Committee of 2013, proposed comprehensive financial services for small businesses and low-income households and led towards small finance banks and payments banks, so it is a genuine distractor. Option D, the Raghuram Rajan Committee of 2008, reported on financial sector reforms more broadly.

Q7.Banking & Financial AwarenessMedium

Under the Reserve Bank's framework for microfinance loans, a microfinance loan is a collateral-free loan to a household whose annual income does not exceed

  1. A.1,00,000 rupees
  2. B.2,00,000 rupees
  3. C.3,00,000 rupees
  4. D.5,00,000 rupees
Show answer
Correct answer: C. 3,00,000 rupees

Explanation

The correct answer is C, three lakh rupees. The framework defines a microfinance loan by the borrower's household income rather than by the size of the loan or the kind of lender, and the same definition applies to a bank, a small finance bank, an NBFC and an NBFC-MFI alike, which was the main reform the framework brought. Option A, one lakh, and option B, two lakh, are the rural and urban limits of the older regime, which distinguished between the two and which the present framework replaced with a single figure. Option D, five lakh, is not a threshold in this framework at all. Two other numbers belong with this one: the monthly repayment obligations of a household may not exceed fifty per cent of its monthly household income, and an NBFC-MFI must hold at least seventy-five per cent of its total assets as microfinance loans.

Q8.Banking & Financial AwarenessMedium

Under the microfinance framework, the monthly loan repayment obligations of a household are capped at what share of its monthly household income?

  1. A.25 per cent
  2. B.40 per cent
  3. C.50 per cent
  4. D.60 per cent
Show answer
Correct answer: C. 50 per cent

Explanation

The correct answer is C, fifty per cent. The cap covers the repayment of all loans of the household taken together, not only the microfinance loan being considered, and the lender must assess household income and existing debt before sanctioning, which is the framework's main protection against over-indebtedness. Option A, twenty-five per cent, is too low and is not used anywhere in the framework. Option B, forty per cent, is an invented figure that sounds plausible because lenders often use a similar ratio in retail lending practice. Option D, sixty per cent, is likewise wrong. Learn the three numbers of the framework as one set: three lakh rupees of annual household income to define a microfinance loan, fifty per cent of monthly income as the repayment cap, and seventy-five per cent of total assets as the minimum microfinance portfolio of an NBFC-MFI.

Q9.Banking & Financial AwarenessEasy

The Self Help Group and Bank Linkage Programme was launched in 1992 by which institution?

  1. A.SIDBI
  2. B.NABARD
  3. C.Reserve Bank of India
  4. D.State Bank of India
Show answer
Correct answer: B. NABARD

Explanation

The correct answer is B, NABARD. The National Bank for Agriculture and Rural Development launched the programme as a pilot in 1992, connecting savings groups, mostly of women, directly to bank branches for credit, and by the number of households covered it became the largest microfinance programme in the world. Option A, SIDBI, the Small Industries Development Bank of India, supports small industry and refinances microfinance institutions, and MUDRA was set up as its subsidiary in April 2015, but the linkage programme is not its scheme. Option C, the Reserve Bank of India, supported the programme and issued the enabling instructions to banks, but it is the regulator and not the promoter. Option D, the State Bank of India, is a participating bank. NABARD itself was established in July 1982 under an Act of 1981.

Q10.Banking & Financial AwarenessEasy

Muhammad Yunus, who shared the Nobel Peace Prize of 2006 with the bank he founded, is associated with which institution?

  1. A.Grameen Bank of Bangladesh
  2. B.Bank Rakyat of Indonesia
  3. C.BRAC Bank
  4. D.Bandhan Bank
Show answer
Correct answer: A. Grameen Bank of Bangladesh

Explanation

The correct answer is A, the Grameen Bank of Bangladesh. Muhammad Yunus built the bank on the idea that very small loans without collateral, given mostly to women organised in groups that guarantee one another, are repaid reliably, and the Nobel Peace Prize of 2006 was awarded jointly to him and to the bank. Option B, Bank Rakyat of Indonesia, is a large state bank with a well-known microfinance arm but is not connected to the prize. Option C, BRAC, is also a Bangladeshi organisation working in microfinance and development, which makes it the closest distractor in the set. Option D, Bandhan Bank, is Indian: it began as a microfinance institution, received a universal banking licence and started operations in 2015, and it is the Indian parallel to the Grameen story rather than the answer here.

Frequently Asked Questions

What is the difference between a bank and an NBFC?

An NBFC lends, invests and leases, but it cannot accept demand deposits, cannot issue cheques drawn on itself, is not part of the payment and settlement system, and its depositors do not have deposit insurance from the DICGC. A bank is licensed under section 22 of the Banking Regulation Act, 1949, while an NBFC is registered under section 45-IA of the Reserve Bank of India Act, 1934.

What is the fifty-fifty test?

It is the principal business criteria the Reserve Bank uses to decide whether a company is an NBFC. Financial assets must be more than fifty per cent of total assets, and income from those assets must be more than fifty per cent of gross income. Both conditions have to be met, which keeps a manufacturer or trader that happens to hold investments outside the definition.

What are the four layers of Scale Based Regulation?

The Base Layer, the Middle Layer, the Upper Layer and the Top Layer, in force since 1 October 2022. The Base Layer holds smaller non-deposit-taking companies, the Middle Layer all deposit-taking companies and larger others, the Upper Layer those the Reserve Bank identifies by a scoring method, and the Top Layer is kept empty unless a company in the Upper Layer comes to pose a substantial systemic risk.

How is a microfinance loan defined now?

As a collateral-free loan given to a household whose annual income does not exceed three lakh rupees, under the Reserve Bank's framework of 2022. The same definition applies to banks, small finance banks and NBFCs alike. The monthly repayment obligations of a household on all its loans may not exceed fifty per cent of its monthly household income, and no prepayment penalty may be charged.

What portfolio must an NBFC-MFI maintain?

At least seventy-five per cent of its total assets must be microfinance loans. This replaced the earlier requirement that qualifying assets form not less than eighty-five per cent of net assets, so an answer based on the older figure is now wrong. An NBFC-MFI also has to follow the common conduct rules on pricing disclosure and on recovery without coercion.

Sources

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