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Anil Agrawal (Retired)     18 April 2009

Illegality

 A non banking financial company is required to get itself registered with the RBI before conducting its business. By not doing so, it invites prosecution and heavy penalty. If it does not register itself and disbuses loans to individuals and other private limited companies, can it be said that the loans are not legally enforceable debts. Please remember that any company registered with the Registrar of Companies is under obligation to follow all the laws applicable to it be they Central or State or municipal laws. Can such a company take recourse to law when its action itself is illegal?



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 3 Replies

Y V Vishweshwar Rao (Advocate )     18 April 2009

It is ture that  any  trasaction is illegal ,the same  can not enforced legally !

A V Vishal (Advocate)     20 April 2009

Defects can be cured

A V Vishal (Advocate)     20 April 2009

All the NBFCs are required to seek Registration with RBI irrespective of whether they accept public deposits or not. However, certain types of financial companies viz., insurance companies, housing finance companies, stock broking companies, chit fund companies, companies notified as `nidhisÂ’ under section 620A of the Companies Act and the companies engaged in merchant banking activities (subject to certain conditions), have been exempted from the requirement of Registration under the Reserve Bank of India Act.


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