Banking company vs Non-banking company (including NBFCs)

Differences between Banking Company and Non-Banking Company

The following are the differences between Banking companies and Non-Banking companies (NBCs) which includes Non-Banking financial companies (NBFCs).

(Image: Banking Companies vs Non-Banking Companies)

1. Governing Act

Banking companies are Governed by Banking Companies Act, 1949. Non banking companies are Governed by RBI Act,

2. License

Banking companies must obtain license from RBI for commencement. No license is required for NBCs.

3. Ceiling on deposits

No ceiling on deposits mobilization in banking company. Whereas for NBCs there is a ceiling on acceptance of deposits which is based on the net worth of the company.

4. Capital Structure

For a banking company, Capital structure is decided by RBI, which has a two-tier 1. core capital and 2. risk-weighted capital. But for NBCs, Capital structure is decided by RBI, which is purely based on business such as lending or Hire Purchase finance or Leasing, etc.

5. Balance Sheet

The Balance sheet proforma should be as per the format provided by RBI for a banking company. But for non banking company, the balance sheet is as per the Companies Act.

6. Negotiable instruments

There is use of negotiable instruments such as cheque, bill of exchange for various transactions in a bank. But Negotiable instruments cannot be used for withdrawal of money from Non Banks.

7. Credit Rating

Credit rating is not required for accepting deposits in a banking company. But NBCs has a mandatory requirement of Credit rating for accepting deposits from the public.

8. Types of Accounts

Different types of accounts can be opened by a bank for the benefit of customers in a banking company. A non-banking company can only accept deposits of different duration as prescribed by RBI.

9. Interest on deposit

The interest charged by a bank` on deposits is decided by the banks themselves. It is based on Prime Lending Rate (it is the interest rate charged by the banks while lending on Government securities which have no risks). But for a non banking company, the interest rate on deposits is decided by RBI.

10. Insurance coverage on deposit

All bank deposits are insured up to a certain limit compulsorily with Deposit Insurance Credit Guarantee Corporation. But there is no insurance cover for non banking company deposits.

11. Lending policy

The lending policy of commercial banks is influenced by the monetary policy of RBI. But for the other, Lending policy is more decided by the security offered by the borrower.

12. Joint Operation

All banking companies are necessarily joint stock companies. NBCs can be in the form of Nidhis, Benefit societies etc. However, partnership firms are prohibited now.

13. Forex Transaction

Commercial banks can undertake transactions in foreign exchange as Authorized Dealers. NBCs cannot undertake transactions in foreign exchange unless they are licensed by RBI.

14. Suspension of operations

Banking companies’ operations can be suspended only by RBI. But for NBCs, RBI will only notify the cancellation of registration from accepting deposits in leading newspapers

15. Merger of banks

A banking company can be merged with other commercial banks as per RBI orders. Merger of non-banking will be as per the Companies Act.

16. Periodical Inspection

There can be inspection of banks by RBI periodically. No such approval is required from RBI. But, non banks should comply with the provisions of the Companies Act.

17. Appointment of Chairman & Directors

Appointment of Chairman, and Managing directors in a banking company requires prior approval of RBI. But no such approval is required from RBI for a NBC. But, they should comply with the provisions of the Companies Act.

18. Audit

All commercial banks will come under Statutory audit, in addition to RBI audit. For a non banking company, audit is as per the Companies Act.

19. Public Sector

There are public sector commercial banks. But there are no public sector non-banking companies.,

20. Type of Advertisements

Commercial banks can choose any type of advertisement for inviting public deposits. For non banks, advertisements for inviting public deposits should be as per RBI regulations.

21. Customer grievance

For a banking company, consumers’ Grievance Cell of respective banks will look after the grievance of customers. Company Law Board is the regulatory authority for non-banking companies in case of non refund of deposits.

22. Recovery of bad debts

Debt-recovery Tribunals are set up by banks for the recovery of bad debts. No such provisions are there for non banking companies.

23. Rate of Interest

Consumer credit is cheaper with banks as interest charged is on a declining rate of interest. But hire purchase finance of NBCs has a flat rate of interest and hence costlier.

24. Legal disputes

Banks are covered under the Bankers’ Book Evidence Act by which the statement provided by banks will be taken as an ultimate evidence in any legal dispute. But only provisions of Companies Act are applicable for non banks.

25. Evidence between banker and customer

Savings account and current account are operated in a bank and entries of the savings account are recorded in the pass book and the pass book is regarded as the conclusive evidence between a banker and customer. But there are no such accounts in non-banking companies.

26. Public vs Private limited

All banks have to be necessarily public limited companies. There can be private limited non banking companies.