Recorded RBI impact
Fine: Rs 1.00 L
Monetary penalty · Fresh imposition
Published by RBI
17 Oct 2024
Case Brief
The Reserve Bank of India imposed a monetary penalty of ₹1.00 lakh on GoCapital Finance Limited, Chennai, Tamil Nadu, for non-compliance with certain provisions of the Master Direction on NBFC Scale Based Regulation, 2023. RBI found that the company failed to obtain prior written permission before effecting a change in management that led to a change of more than 30% of its directors, excluding independent directors. The penalty was imposed after considering the company’s reply and oral submissions in a personal hearing, and RBI stated that the action is based on regulatory deficiency and does not pronounce on the validity of transactions with customers.
Why RBI Acted
RBI imposed a monetary penalty under section 58G(1)(b) read with section 58B(5)(aa) of the RBI Act, 1934 for non-compliance with provisions of the Master Direction – RBI (Non-Banking Financial Company-Scale Based Regulation) Directions, 2023. The non-compliance arose from correspondence regarding intimation of appointment of an additional director, which revealed that the company changed its management without prior written RBI approval, resulting in a change of more than 30% of its directors (excluding independent directors).
Operating Impact
GoCapital Finance Limited must absorb the penalty and remain subject to RBI scrutiny for the governance lapse. The order does not itself restrict ongoing customer transactions, but it signals compliance expectations around prior RBI approval for material management changes and may be followed by further regulatory action if warranted.
Regulatory Basis
- clause (b) of sub-section (1) of section 58G read with clause (aa) of sub-section (5) of section 58B of the Reserve Bank of India Act, 1934
- Master Direction-Reserve Bank of India (Non-Banking Financial Company-Scale Based Regulation) Directions, 2023
Action Facts
- Primary Impact
- Fine: Rs 1.00 L
- Order Date
- 7 Oct 2024
- Effective From
- 7 Oct 2024
- Entities Affected
- 1
- Entity Role
- Primary
- Entity Type
- NBFC