Singh Ltd. is a company registered under the Companies Act, 2013. The company is engaged in the business of loans and advances, acquisition of…

CA Final · Advanced Auditing, Assurance and Professional Ethics · MTP · November 2024
Singh Ltd. is a company registered under the Companies Act, 2013. The company is engaged in the business of loans and advances, acquisition of shares / stocks / bonds / debentures/securities issued by government or local authorities. For the year ended 31 st March 2024 following are some extracts from the financial statements: (i) Paid-up share capital 50Cr. (ii) Non-Current Assets - Loans & Advances - 61.75 Cr. (iii) Current Assets - Loans and advances - 312.25 Cr. (iv) Total assets of the company 620Cr. (v) Intangible assets 12Cr. (vi) Profit for the Year 7.25 Cr. (vii) Income from interest and dividends 68Cr. (viii) Gross income - 118.75 Cr. Directors intend to apply for registration as Non-Banking Financial Company (NBFC) under Section 45-IA of the Reserve Bank of India (Amendment) Act, 1997. Advise

Suggested Answer and Working Notes:

In order to identify a particular company as Non-Banking Financial Company (NBFC), it will consider both assets and income pattern as evidenced from the audited balance sheet of the previous year to decide its principal business. The company will be treated as NBFC when (i) Financial assets of the company constitute more than 50 percent of the total assets (netted off by intangible assets) and (ii) Income from financial assets of the company constitutes more than 50 percent of the gross income. A company which fulfils both these criteria shall qualify as an NBFC and would require to be registered as NBFC by RBI. In the given case of Singh Ltd, its financial assets are 374Crore i.e., (₹ 61.75 +312.25) Total Assets (netted off by intangible assets) = 608 Crore Income from financial assets = 68 Crore Gross Income = 118.75 Crore From the above, it can be concluded that financial assets of Singh Ltd. constitute more than 50 per cent of the total assets (netted off by intangible assets) and income from financial assets of Singh Ltd. constitutes more than 50 per cent of the gross income. Hence, Singh Ltd. fulfills both the criteria to qualify as an NBFC. Thus Singh Ltd. can apply for registration under Section 45-IA of the Reserve Bank of India (Amendment) Act, 1997 in prescribed form along with the necessary documents.

Topics: Special Features of Audit of Banks & Non-Banking Financial Companies

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