RERA Registration

A Complete Guide on Participation of NBFCs in Insurance Business

Participation of NBFCs
Karan Singh
| Updated: May 22, 2021 | Category: NBFC

It is an extremely recognised fact that the Reserve Bank of India has provided their permission to NBFCs (Non-Banking Financial Companies) to expand its footstep in the insurance-related business. Non-Banking Financial Companies increase their authorisation under the light of their success in the Indian financial markets that they have derived over the years. But, Non-Banking Financial Companies haven’t got authorisation to work in a self-governing framework yet. Otherwise, they should follow the prearranged guidelines of the Reserve Bank of India to conduct their functioning in the insurance sector. The beginning of NBFCs aids insurance companies or entities in stabilise their capital and meet additional necessities under the provision of IRDAI (Insurance Regulatory and Development Authority) provisions. Scroll down to check the information concerning the Participation of NBFCs in the insurance business.

Participation of NBFCs: Requirements

Non-Banking Financial Companies or any other private lender entities are not allowed to work outside the regime of authorities. Having said that, there is compulsory consent that NBFCs needs to procure from the Reserve Bank of India (RBI) & (IRDAI) Regulatory and Development Authority of India to run effortlessly in the insurance business.

Insurance Agency Business

The Reserve Bank of India authorised Non-Banking Financial Companies may enter insurance agency business depends upon a fee and risk involvement, which deals with the following situations:

  • No consent of RBI is required here;
  • In such a condition, Non-Banking Financial Companies require compulsory consent from the IRDAI[1] to perform as a “Composite Corporate Agent” with insurance entities;
  • The Non-Banking Financial Companies should not enclose the interest of clients to work with alternative insurance agencies in the conditions of financed assets;
  • Since the acceptance of the products of insurance is made willingly, it must be duly mentioned in the NBFCs publicity material;
  • Non-Banking Financial Company should not offer any association to their customer regarding the provisions of financial services;
  • The premium of insurance must go to the insurance company rather than NBFC;
  • Non-Banking Financial Companies are not liable to share the risk in the insurance agencies.

Insurance Joint Ventures

  • Non-Banking Financial Companies which fulfil all the essential provisions and purpose to create joint ventures with the equity contribution depends upon the risk participation of NBFCs should avail the consents from the Reserve Bank of India (RBI) to make sure the persistence. This similar condition is also applied to the Non-Banking Financial Companies who seek major investment in the insurance entity.
  • In Joint Venture, the Non-Banking Financial Company has the power to hold up to 50% of paid-up capital (in equity shares form) of the insurance entity.
  • A subordinate branch of Non-Banking Financial Company or another entity involved in a similar area of interest is not allowed to take any participation in the insurance entity on a risk basis.

What is the Eligibility Criteria for the Participation of NBFCs in the Insurance Business?

Following is the eligibility criteria for the participation of NBFCs in the insurance business:

  1. Non-Banking Financial Company should have at least Rs. 500 crores of Owned Fund under its possession;
  2. Non-Banking Financial Company, which holds public deposits, cannot enter the insurance business unless it’s (Capital to Risk Assets Ratio) is higher than 15%.  The conventional NBFCs who have no proprietorship of the public deposit must maintain their Capital to Risk Assets Ratio higher than 12%.
  3. The limit for NPAs in the Non-Banking Financial Company is not more than 5% of its total outstanding assets, like loans, hire purchases or leased/rented.
  4. Non-Banking Financial Company should not be under the control of financial loss, at least for the past three years.
  5. The subordinates of Non-Banking Financial Companies NOFs (Net Owned Funds) seek some investments which come under the provisions of RBI.
  6. Servicing Public Deposits and Regulatory Compliance (SPDRC), if held.

What If NBFC Didn’t Fulfil the Eligibility Criteria?

The Reserve Bank of India authorised Non-Banking Financial Company, which are not qualified to become a portion of a joint venture, can make 10% of the owned funds of Rs. 50 investment, whichever is low in the insurance entity. Such funding should be accepted as an investment that is free from possible liability for the NBFC.

Criteria Concerning such NBFC

  • The Non-Banking Financial Company, which owns public deposits and elaborated in services such as equipment renting or hire purchase, should have a CRAR of at least 12%. In comparison, the NBFC, which deals with credit or loan service, must have a CRAR of 15%.
  • At least net NPA in such a situation must be 5% of total outstanding loans & assets.

Acceptance of Deposits

The provisions on the acceptance of deposits (Public) concerning the Non-Banking Financial Company permit the exclusion of the deposit from the director’s qualified. But that funding cannot be routed directly to the Non-Banking Financial Company until an application is submitted from a depositor end. Non-Banking Financial Companies are under the provision of powers to deliver considerable details of every incoming deposit to maintain transparency. But this provision shall be managed infringed if the connection between the depositors and directors found to be compromised on the acceptance date of this notice.

Other Provisions of Insurance Entities: Participation of NBFCs

When the overseas partner considered for 26% of the contribution concerning equity certified by the Foreign Investment Promotion Regulatory and Development Authority, in that event, numerous Non-Banking Financial Company becomes eligible for the Participation of NBFCs in the equity of the insurance joint venture.

Conclusion

The Participation of NBFCs in the insurance business has opened up nonstop possibilities for insurance entities. Non-Banking Financial Company could aid insurance firms to run with more quickness and fulfil their subsidiary necessities. The Non-Banking Financial Companies and the well-known companies that look for quick initiation of insurance business either by independent undertaking or joint venture require obeying the guidelines of RBI and IRDAI carefully.

Corporations looking for extra business opportunities can opt for NBFC Registration. It’s one of the encouraging business realms at this point in time. But, getting into such businesses won’t be an easy job. The entity has to avail of NBFC Registration from the Reserve Bank of India to get commenced with such business.

Read our article:An Overview of Housing Finance Company and NBFC: Its Exemptions & Filing

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Karan Singh

A legal writing enthusiast, a wanderer, and a zealous reader. After gaining a lot of knowledge about the diverse legal topics and developing research skills, Karan joined the league of legal content writers to deliver quality-rich blogs.

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