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Microlesson · 5-min read

NBFC Registration and Core Investment Company – Section 45-IA RBI Act

## CARO Clause: Section 45-IA of the RBI Act, 1934 (NBFC and CIC Compliance)

### Four Sub-Questions the Auditor Must Address

PointWhat to Verify
(a)Whether the company is required to be registered as an NBFC under Section 45-IA of the RBI Act, 1934 — and if so, whether registration has been obtained
(b)Whether the company has conducted Non-Banking Financial (NBF) or Housing Finance activities without a valid certificate of registration
(c)Whether the company is a Core Investment Company (CIC) as defined by RBI — if so, whether it continues to fulfil the qualifying criteria (or exemption criteria if exempted)
(d)Whether the group has more than one CIC — if yes, the number of CICs in the group

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### Core Investment Company (CIC) — Definition

A CIC is a Non-Banking Financial Company that satisfies both of the following conditions:

1. Holds ≥ 90% of its net assets in the form of investments in group companies (equity shares, preference shares, bonds, debentures, debt, or loans)

2. Its investments in the equity shares of group companies constitute ≥ 60% of its net assets (as per the last audited balance sheet)

> Memory hook — the 90/60 Rule: 90% net assets must be in group investments; of those, at least 60% must be in equity shares of group companies.

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### Auditor's Procedure

1. Determine if the company's activities trigger NBFC registration requirements.

2. If registered: verify the certificate of registration is valid and current.

3. If not registered: verify whether unregistered NBF/housing finance activities have been conducted.

4. Apply the 90/60 test to assess CIC status using the latest audited balance sheet.

5. If CIC: verify ongoing compliance with RBI criteria (or exemption criteria, as applicable).

6. Identify and count all CICs in the group.

Worked example

### Example 1

A holding company's balance sheet shows: Total net assets = ₹100 crore. Investments in group companies (equity + debt) = ₹92 crore. Equity shares in group companies = ₹55 crore. Assessment: 92% of net assets in group companies — satisfies the 90% test. But equity shares are only 55% of net assets — does NOT satisfy the 60% equity test. Conclusion: The company does not qualify as a CIC.

### Example 2

Company X has net assets of ₹200 crore. Group investments total ₹185 crore (92.5%), of which equity in group companies = ₹130 crore (65%). Both the 90% and 60% thresholds are met — Company X is a CIC. The auditor must then verify whether it continues to meet RBI's criteria and whether any group-level CIC count disclosure is required.

⚠️ Common exam mistakes

  • Applying only the 90% test and ignoring the 60% equity sub-test — both conditions must be satisfied simultaneously.
  • Using interim or provisional figures instead of the 'last audited balance sheet' to test CIC criteria.
  • Missing sub-question (d) — forgetting to count and disclose the total number of CICs in the group when more than one exists.
  • Confusing 'no valid certificate of registration' for Housing Finance activities with NBFC registration — these are separate regulatory streams.
Reference: Section 45-IA — RBI Act, 1934
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