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jeyakumar (lecturer)     03 April 2020

How to register my friend money lending business

My friend started money lending business to local small trader. He lending and colleceted amount on daily basis. He receive empty cheque with signature from the borrower and promissory note. My ques 1. How to register for above business 2. How much interest collected from the borrower 3. How to take action against defaulter


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Archit Uniyal   03 April 2020

HI,

A money lender is someone who lends small amounts of money at a higher rate of interest. n India. In every state in India, Moneylenders are governed by their own separate Money Lenders Act. It is mandatory for every money lender to have a license.

The procedure for obtaining a money lender license is simple: Money lender license is usually granted by the Revenue Department within 3 to 4 months from the date of submission of the application form. Once the application is received, it is valid for one year.

These are a few factors that have to be taken into consideration while issuing/renewal/endorsement of a license:

  1. Whether the person has the competency to run a money lending business.
  2. Whether the applicant’s premise is an apt place to run the business.
  3. Whether granting the permission would be against the public interest.

 

The following documents are required to obtain the money lending license.

  1. Form ‘A’ application form which you can find on the website of your respective state.
  2. Passport size photographs.
  3. Three specimen signatures mentioning the money lenders name or his nominee.

 

You should also take note that the RBI recently passed a few guidelines regarding the lending platforms. RBI has proposed registering P2P lending platforms as non-banking financial companies (NBFCs). The guidelines will bring awareness about the sector and more individual lenders will come on board.

Few of the guidelines are

  1. Funds must move directly from the lender’s account to the borrower’s account to prevent the risk of money laundering.
  2. P2P platforms can’t assure returns to lenders.
  3. Since lenders may not be sophisticated, there may be limits on the maximum contribution by a lender to a borrower/segment of activity.

 

The Interest to be calculated depends on the terms on which you lent the money in the first place.

Lending money in a private money lending business is a risky thing and there are no remedies available which ensures the return on money other than the threat of filing a case against that person

I hope this solves your query.

Regards,

Archit.


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