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How a Foreign Company Can Start a Lending Business in India?

How a Foreign Company Can Start a Lending Business in India

The lending sector is one of the most vibrant sectors in India. It is no longer limited to government banks and dominating financial institutions. The RBI’s automatic route has simplified the entry for foreign investors into the lending domain. If you are a non-Indian and want to be a part of this thriving sector, this article has your back. In this 2026 roadmap, we will take a brief walkthrough of how a foreign company can start a lending business in India.

Understanding the Types of Lending Business in India

There are five different business models within the lending sector. You can choose among these based on your investment, business goals, and tolerance for compliance. It is noteworthy that the FEMA (Foreign Exchange Management Act) prohibits direct lending by a foreign company without an Indian presence. 

Traditional NBFC (Type II – With Customer Interface)

This is a go-to structure for most overseas investors. It enables you to lend directly to credit-seekers using your own capital. Being a registered NBFC, you will be able to grant personal loans, business loans, vehicle finance, and gold loans. The NBFC sector allows foreigners to make 100% FDI under the Automatic Route, thereby mitigating the requirement to secure prior government approval. To register an NBFC, you must have a registered entity and a minimum Net Owned Fund (NOF) of ₹10 Crore. Additionally, you must comply with a host of RBI guidelines, which we will discuss shortly. 

Digital Lending Platform (Fintech)

If scalability is your goal, a digital lending platform is the answer. You have two routes in this regard. 

  • Either you can launch a full-stack NBFC with a proprietary app to lend.
  • Or, you can serve as a Lending Service Provider (LSP) that bridges the gap between credit-seekers and banks (whether government or private)

Important Note: As per the 2026 RBI’s Digital Lending Guidelines, the transaction must happen between regulated lenders’ and the borrower’s bank accounts. 

NBFC-MFI (Microfinance Institution)

If you want to cater to the urban areas, this niche is yours. To qualify, you must have a registered entity and at least 75% of your total assets, which must be “qualifying assets”.  

NBFC-P2P (Peer-to-Peer Lending)

If you want to start and earn big, P2P lending is the niche made for you. As a P2P lender, you can act as an intermediary who connects lenders with borrowers. However, there is one important catch: You cannot lend from your own balance sheet or provide credit guarantees–that is an RBI’s mandate.

The niche is open to 100% FDI investment. It is important to note that the lenders you board on your P2P lending platform must not cross the RBI’s lending cap, which is currently set at ₹50 Lakhs. However, that is not the case with a High Net Worth individual with a certificate. 

“Unregistered Type I” NBFC 

If you run a group of foreign companies in India and want to fund them, this category will work. This is unlike all the categories mentioned above, where you will only fund your group companies. Another highlight of this category is that there is no need to secure the RBI’s approval if your asset size has not yet reached the ₹1,000 Crore mark.

Lending Business Compliance Matrix for Foreigners

Business TypeFDI LimitCapital RequiredRBI License Needed?
Traditional NBFC100%₹10 CroreYes
P2P Platform100%₹2 CroreYes
Microfinance100%₹10 CroreYes
Fintech (Tech Only)100%None (Market Norms)No (if not lending)
Intra-Group Lending100%VariesNo (if < ₹1,000cr)

Documents Required For Lending Business Set-up 

Corporate Documents

  • Certificate of Incorporation (CoI)
  • Memorandum of Association (MoA)
  • Articles of Association (AoA)
  • Company PAN Card and TAN
  • Board Resolution authorizing the NBFC application

Financial Documents

  • Statutory Auditor’s Certificate (confirming ₹10 Crore NOF)
  • Audited Financial Statements (last 3 years or since incorporation)
  • Bank Account Statement (showing capital infusion)
  • Bankers’ Report on the company and directors
  • Sources of funds report for foreign investment

Director & Shareholder Documents (Fit and Proper)

  • Apostilled/Notarized Passport copies
  • Director Identification Number (DIN)
  • Digital Signature Certificate (DSC)
  • Highest Educational Qualification Certificates
  • 10-year Experience Certificates in Finance/Banking
  • Credit Reports (CIBIL or international equivalent)
  • Net Worth Certificates
  • Self-declaration on “No Criminal Record”

Strategic & Operational Documents

  • 5-Year Business Plan (projections and market strategy)
  • IT Policy and Cybersecurity Framework
  • KYC/Anti-Money Laundering (AML) Policy
  • Fair Practices Code (FPC)
  • Risk Management Policy
  • Organizational Chart

Foreign Investment Compliance

  • Foreign Inward Remittance Certificate (FIRC)
  • KYC Report from the remitting foreign bank
  • Copy of FC-GPR filing (post-share allotment)

How a Foreign Company Can Start a Lending Business: A Step-by-Step Guide

Let’s understand how a foreign company can start a lending business. 

Phase 1: Company Setup 

Company formation will be your first step. Make sure the structure remains either a Private Limited Company or a Public Limited Company. Also, there should be two directors; one of whom should be an Indian. Additionally, you must draft the MoA with an object stating Lending/Financial Services.

Phase 2: Licensing & Capital 

Once you have your company license-ready, park a Net Owned Fund (NOF) of ₹10 Crore in an Indian bank account (your company’s account). Following this, secure a certificate from a Statutory Auditor to demonstrate that NOF is free from any lien.

Next, submit an online application to the RBI’s PRAVAAH portal[1]. Ensure the application goes along with the “Fit and Proper” documents and a 5-year business plan.

Phase 3: Post-License Compliance

Next, head to the FIRMS portal to file the FC-GPR form within 30 days of issuing shares to the foreign parent. Finally, register with the Credit Information Companies (e.g., CIBIL) and join a Self-Regulatory Organization (SRO).

We hope you have found this roadmap on how a foreign company can start a Lending Business in India helpful. If not, feel free to book a hassle-free consultancy with Advisou—India’s premier partner for all types of RBI licensing needs. We are committed to simplifying the legal journey for those who want to make a mark in India’s financial and banking sector. With significant experience and a team of seasoned professionals, Advisou promises a hassle-free licensing journey, regardless of the category you choose or legal hurdles. 

Also Read: Core Investment Companies (CICs) – An Overview 2026

Frequently Asked Questions (FAQs)

1. Can a foreign individual (not a company) directly own shares in an Indian NBFC?

Yes, foreign individuals can hold shares, but they must undergo rigorous “Fit and Proper” background checks by the RBI to ensure the source of funds is legitimate.

2. Are there specific restrictions on the nationality of foreign investors starting a lending business?

Investors from countries sharing a land border with India require prior government approval under Press Note 3, even if the sector is under the Automatic Route.

3. What is the minimum credit rating required for a foreign parent company to invest?

While the RBI doesn’t mandate a specific rating, the foreign entity must demonstrate “high standing” and provide a comfort letter from its home country’s financial regulator.

4. Can an Indian lending business founded by foreigners raise debt locally from Indian banks?

Newly licensed NBFCs with foreign shareholding often face a “lock-in” period or stricter leverage ratios before local banks grant significant credit lines for onward lending.

5. Is it mandatory to have a physical brick-and-mortar office in India for a digital lending NBFC?

Yes, the RBI requires a registered physical office in India where statutory records are maintained and where regulatory officers can conduct periodic inspections.

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