RBI

Investment in NBFCs from FATF non-compliant jurisdictions

Investment in NBFCs from FATF non-compliant jurisdictions

RBI/2020-2021/97
DOR.CO.LIC.CC No.119/03.10.001/2020-21

February 12, 2021

To
Non-Banking Financial Companies (NBFCs)
(including Housing Finance Companies) and
Asset Reconstruction Companies

Madam / Dear Sir,

Investment in NBFCs from FATF non-compliant jurisdictions

The Financial Action Task Force (FATF) periodically identifies jurisdictions with weak measures to combat money laundering and terrorist financing (AML/CFT) in its following publications: i) High-Risk Jurisdictions subject to a Call for Action, and ii) Jurisdictions under Increased Monitoring. A jurisdiction, whose name does not appear in the two aforementioned lists, shall be referred to as a FATF compliant jurisdiction. Investments in NBFCs from FATF non-compliant jurisdictions shall not be treated at par with that from the compliant jurisdictions.

2. Investors in existing NBFCs holding their investments prior to the classification of the source or intermediate jurisdiction/s as FATF non-compliant, may continue with the investments or bring in additional investments as per extant regulations so as to support continuity of business in India.

3. New investors from or through non-compliant FATF jurisdictions, whether in existing NBFCs or in companies seeking Certification of Registration (COR), should not be allowed to directly or indirectly acquire ‘significant influence’ in the investee, as defined in the applicable accounting standards. In other words, fresh investors (directly or indirectly) from such jurisdictions in aggregate should be less than the threshold of 20 per cent of the voting power (including potential1 voting power) of the NBFC.

4. These instructions are applicable with immediate effect.

Yours faithfully,

(Prakash Baliarsingh)
Chief General Manager

Share

Recent Posts

  • Income Tax

Dividing total turnover by 365 days to arrive at daily cash sale is based on conjectures and surmises

Dividing total turnover by 365 days and concluding that assessee could not have made such cash sale on a single…

19 hours ago
  • Empanelment

NERIST Arunachal Pradesh invites EoI for Empanelment of Chartered Accountant firm

NERIST Arunachal Pradesh invites EoI for Empanelment of Chartered Accountant firm North Eastern Regional Institute of Science and Technology, (NERIST)…

3 days ago
  • Empanelment

Sibsagar University invites EoI for Appointment of Internal Auditor for 01.08.2024 to 31.03.2026.

Sibsagar University invites Expression of Interest (EOI) for Appointment of Internal Auditor  Sibsagar University invites Expression of Interest (EOI) from reputed…

3 days ago
  • Income Tax

Andhra Pradesh High Court struck down Section 147A of the Income Tax Act, 1961 as unconstitutional

In a recent judgment Andhra Pradesh High Court struck down Section 147A of the Income Tax Act, 1961 as unconstitutional.…

3 days ago
  • consumer-protection

Compensation to borrower upheld as bank did not verify construction progress before loan disbursals to builder

Bank was liable to pay compensation to borrower as it did not verify the progress of construction before loan disbursals…

4 days ago
  • Prevention of Money Laundering Act 2002

No timeline mentioned in PMLA to forward arrest order & material in possession to Adjudicating Authority

No timeline mentioned in PMLA to forward the arrest order and the material in possession to the Adjudicating Authority. It…

4 days ago