Company IncorporationSection 8 Company

2 Ways to Set up a Microfinance Company

Be it an NBFC or a Section 8 company, this article tells you what you need in order to, and how to, set up a microfinance company in India.

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Are you looking to start a microfinance company? Great decision indeed! Now, there are 2 ways in which you can set up a microfinance company. Before you pick one, read this blog to understand the difference between these two types and the process of setting them up.

This way you get clarity and can set up your company successfully. We also share with you the easiest way to set up a microfinance company in the end.

The 2 ways to set up a microfinance company are:

  1. As an NBFC (Non-Banking Finance Company), registered with the RBI
  2. As a Section 8 company (formed as per the provisions of Section 8 of the Companies Act, 2013).

What Are the Prerequisites for the Registration of a Microfinance Company?

You must meet certain prerequisites before starting with the microfinance company registration process.

1. For registering as an NBFC

  • It is mandatory to have RBI approval
  • You should have a minimum net owned fund of ₹5 crores
  • One of the directors must have over 10 years of experience in the service industry
  • You must have maximum a loan limit of 10% of the total assets
  • Further, you must follow the due process of forming a company
  • You must have a minimum of 7 members to register as a public limited company.  2 members will be enough for a private limited company. 

2. For Section 8 Microfinance Company Registration

  • RBI approval is not mandatory
  • There is no minimum requirement of net owned funds
  • No need of any prior experience for the directors
  • You can disburse unsecured loans up to ₹50,000 to small businesses. Also, loans up to ₹1.25 lakh can be disbursed to dwelling residence
  • You must have a minimum of 2 members for Section 8 microfinance company registration

You need to analyse these requirements and see which type of company is better for you. An NBFC takes a lot of investment and approvals to set up but it provides more flexibility in the loans you can provide and to whom.

On the other hand, a Section 8 company is much easier to set up. However, there are limitations on how much you can lend.

SET UP YOUR COMPANY

Microfinance Company Registration Process

The process varies depending on whether you want to register as an NBFC or as a Section 8 company. We will discuss the steps involved in both these models.

1.  Process for NBFC Registration

STEP 1: Form a company and register

To register as an NBFC microfinance company, you should first form a public or private company. A minimum of 7 members is required to form a public company. A minimum capital of ₹1 lakh and 2 members are required to form a private company.

STEP 2: Raise the minimum NOF

You need to raise a minimum capital of ₹5 crores as the Net Owned Fund (NOF). Further, this amount is ₹2 crores for the north-eastern region.

STEP 3: Deposit the capital

In this step, you need to deposit the capital as a fixed deposit in a bank. The bank will provide a ‘No Lien’ certificate.

STEP 4: Apply for the license

After that, you must apply online for a license from RBI to provide financial assistance. Similarly, along with the application, you should submit certain documents such as

  • Memorandum of Association (MoA)
  • Articles of Association (AoA)
  • Company incorporation certificate
  • Board resolution copy
  • Auditor’s report regarding receipt of the fixed deposit receipt
  • No lien certificate from the banker stating the net owned fund
  • Structure plan of the company
  • Recent credit report of the directors
  • Professional qualification and education proofs of the directors
  • Income proof and KYC of the directors
  • Proof of experience of the directors in the financial sector.

After the license is obtained, a hard copy of the same must be submitted to the RBI regional office. 

Process for Section 8 Company Registration

STEP 1: Apply for DSC and DIN

The DSC (Digital Signature Certificate) and DIN (Director Identification Number) is for the authorisation of the e-forms. So, if the directors of the company don’t have them, the first step is to get these two for the directors of the company.

STEP 2: Apply for name approval

You need to apply for the name approval by filing Form INC-1. Please note that your proposed name must suggest that it is a Section 8 company. The company name must include the words such as ‘foundation’, ‘ micro credit’, or ‘sanstha’. 

STEP 3:  File AoA and MoA

After you receive the name approval, the next step is to draft the Articles of Association (AOA) and the Memorandum of Association (MOA). These should be filed along with specified documents.

STEP 4: Apply for incorporation

You need to file for company incorporation under Form INC-12. Certain documents will have to be submitted along with. These are listed below:

  • PAN card copies of all the directors/promoters
  • Identity proof documents
  • Address proof documents
  • Photographs of all the directors/promoters
  • Ownership proof of the registered office (rental agreement or owner NoC for rented premises)
  • The stamp duty is applicable in the state concerned.

Microfinance Company Registration Fees

The registration cost for microfinance companies varies depending on the type of company. Moreover, the registration cost for the Section 8 company is ₹25,000. Moreover, the registration fees for the NBFCs hover between ₹4 to 5 lakhs at present.

Easiest Way to Set up Your Section 8 Microfinance Company

If you have decided to set up a Section 8 company and find the process overwhelming, we have the easiest solution for you. Vakilsearch can register your Section 8 company for you! Our experts will take care of the whole process and guide you through it. Further, if you have any questions or doubts about the process, you can contact our support team. 

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