Do NBFC Companies Need to Register Under the Shops and Establishment Act? Seeking Clarity

lakshmieunice
Dear Members,

Kindly clarify the following: Whether registration is required under the Shops and Establishment Act for an NBFC company?
korgaonkar k a
Dear Lakshmieunice, the answer to your question is NO (presuming you are from TN). However, the S&E Act is applicable to NCFC.

Applicability of the S&E Act

The S&E Act applies to shops, commercial establishments, restaurants, theatres, and other establishments. A Non-Banking Financial Company (NBFC) is considered a commercial establishment.

Definition of Commercial Establishment under TN S&E Act

It seems you are from TN, and the definition of a commercial establishment under the TN S&E Act includes establishments that carry on the business of advertising, commission, forwarding, or commercial agency. It also includes clerical departments of factories or industrial undertakings, insurance companies, joint stock companies, banks, broker’s offices, or exchanges. Additionally, it includes such other establishments as the state government may declare to be a commercial establishment for the purposes of this Act.

NBFCs are engaged in the business of loans and advances, acquisition of shares/stocks/bonds/debentures/securities issued by the Government or local authority, or other marketable securities of a like nature, leasing, hire-purchase, insurance business, chit business, etc.

In my view, you fit into the definition of a commercial establishment.

Registration Requirements in TN

Further, to my knowledge, there is no provision for the registration of establishments in TN, but you need to follow the provisions of the TN S&E Act.

Regards.
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