Introduction
Microfinance companies play a crucial role in providing essential financial services, such as credit and savings, to underserved populations in rural, semi-urban, and urban areas. These services are designed to facilitate economic activities, reduce vulnerability to income fluctuations, enhance savings, and promote self-empowerment.
Types of Microfinance Companies in India
In India, microfinance companies can operate under two main structures:
- NBFC-MFI (Non-Banking Financial Company - Micro Finance Institution)
- Section 8 Microfinance Company
1. Microfinance Company Registration as an NBFC with RBI Approval
To register as an NBFC-MFI, the following criteria must be met:
- Mandatory RBI Approval: Approval from the Reserve Bank of India (RBI) is essential.
- Minimum Net Owned Fund (NOF): The minimum NOF required is ₹5 crores.
- Director's Experience: At least one director must possess over 10 years of experience in financial services.
- Compliance: Adherence to the Companies Act, 2013, and RBI regulations is obligatory.
2. Section 8 Microfinance Company
For a Section 8 microfinance company, the registration process is more flexible:
- No RBI Approval Required: These companies do not need prior approval from the RBI.
- No Minimum NOF or Paid-up Capital: There are no stipulated minimum requirements for NOF or paid-up capital.
- No Experience Requirement: There is no prerequisite for prior experience in the financial sector.
- Compliance with Companies Act, 2013: They must align with RBI norms but do not require RBI approval.
Exemption from RBI Approval
According to the RBI's master circular (RBI/2015-16/15 DNBR (PD) CC.No.052/03.10.119/2015-16 dated July 01, 2015), Section 8 Companies engaged in microfinance activities are exempt from certain provisions of the RBI Act, 1934. Specifically, as per Paragraph 2(iii), the regulations outlined in Sections 45-IA, 45-IB, and 45-IC of the Reserve Bank of India Act, 1934 (2 of 1934) do not apply to any non-banking financial company that:
- Engages in Micro Financing Activities: Provides credit up to ₹50,000 for business enterprises and ₹1,25,000 for residential costs to poor individuals to enhance their income and living standards.
- Registered Under Section 8 of Companies Act, 2013.
Advantages of Section 8 Microfinance Companies
The standout features of Section 8 microfinance companies include:
- No Capital Limit: They can be established with a nominal amount as low as ₹10,000.
- Interest Rate Flexibility: These companies can charge interest rates up to 26%, which is approximately 2.75 times the average interest of the top five banks.
- Legal Operations: They are recognized as legal financial businesses, allowing them to take legal action against defaulters who do not adhere to payment schedules.
- Funding Options: Such companies can secure loans from banks, financial institutions, and directors.
- Unsecured Loans: They are permitted to provide unsecured loans.
Conclusion
Microfinance companies serve as vital instruments for economic development among disadvantaged communities in India, and understanding the regulatory framework for NBFC-MFIs and Section 8 companies can help in making informed decisions. Whether seeking to establish an NBFC-MFI or a Section 8 microfinance company, compliance with applicable laws and regulations is essential for sustainable operations.