• Money lending

Is money lending business legal.
Who can apply for a certificate for money lending?
Asked 5 years ago in Business Law

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26 Answers

You can carry on money lending business but you need to obtain licence under money lending act 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Money lending business is legal. But before starting money lender business one should have money lender licence to run the business then s/he can run the business.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

See you need to get a money lending license to lend money and charge interest as per the government approved rates. Without license interest cannot be charged only a friendly loan can be given.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Money lending business is not legal. People do lend money at exorbitant rates.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

it is legal for an individual to lend money to other at an interest rate, in India.

According to the Indian Contract Act 1872, an agreement between two person which is accepted by both the parties and enforceable in the court is valid.

Therefore, any interest rates that are mutually agreed , irrespective of the %age of interest, is valid in the eye of law.

conditions:

  1. Party to the contract should not be a Minor ( i.e. below 18 years of age or 21 year of age unless specified by court)
  2. The conditions in the contract should not be against the law.
  3. The conditions in the contract should not be against the Constitution.
  4. The money (read as the Principal amount) or the interest thereon should not be used as in illegal purpose such as in speculative activities etc
  5. The contract should not be under any influence or threat to any of the parties.

Above are some major cautions to be taken into notice while executing such contract/s.

The relevant portion of the law as provided in  "Bihar Money-Lenders Act, 1974 Bihar Act 22 of 1975" is given below for your information: 

 

4. Register of money-lenders. - (1) Every Anchal Adhikari or such other Officer as may be appointed by the State Government by notification in this behalf published in the Official Gazette, shall maintain a register of money-lenders in such form and containing such particulars as may be prescribed.

 

(2) Such register shall be deemed to be public document within the meaning of the Indian Evidence Act, 1872.

 

5. Registration of money-lenders and registration fee. - (1) Every moneylender shall get himself registered and unless he is so registered it shall not be lawful for him to act as such.

 

(2) For the purpose of registration as a money-lender a person shall make an application in writing stating therein-

 

(a) the name and address of the applicant;

(b) the name and style under which he carries on or desires to carry on business as a money-lender;

(c) the principal places of his business and the branches thereof, if any;

(d) whether any certificate of registration previously granted to him under the Act has been cancelled;

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You need a money lending licence to give money on credit and charge interest for the same.

Money lender license is usually granted by the Revenue Department within 3 to 4 months from the date of submission of the application form. Once the application is received, it is valid for one year. However, there are a few factors that have to be taken into consideration while issuing/renewal/endorsement of a license:

Whether the person has the competency to run a money lending business.
Whether the applicant’s premise is an apt place to run the business.
Whether granting the permission would be against the public interest.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Money lending is legal business.

For doing the said business you need to obtain Licence under Money Lending Act.

Upon obtaining licence, you may start the lending business, and make sure that, you need to adhere to the interest rates to be charged on the money lent by you, and that, you maintain relevant records / accounts.

Do the entire business through Bank only.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

- Yes , money lending business is legal , but a licence is needed under the Bihar Money Lenders Act. 
- Anyone who wants to start a business of money lending , should apply in the office of Tehsildar/Registrar /Anchal Adhikari 
- The following details are needed for getting a licence :-

(a) the name and address of the applicant;

(b) the name and style under which he carries on or desires to carry on business as a money-lender;

(c) the principal places of his business and the branches thereof, if any;

(d) whether any certificate of registration previously granted to him under the Act has been cancelled; and

[(dd) In case of a company, it has obtained a Registration Certificate under Section 45-1 A(1) of Reserve Bank of India Act, 1934 and its photo copy have been attached with the application].

(e) such other particulars as may be prescribed.

- Further Every application made with the prescribed registration fee, and shall be presented to the Anchal Adhikari
 within whose jurisdiction the principal place of business referred to in clause (c) of sub-section (2) is situated.
- This registration certificate is remain in force for five years from the date on which it is granted.

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Money lending business by an individual provided he has a Money Lending License with him.

A company can so carry on such business provided it has necessary lionesses issued form RBI and SEBI.

Without these lending money for commercial gain is a criminal offence. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

It is legal. One should apply registration and obtain license from govt. 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

1. ONLY a licensed & registered Money Lender can do business of Lending Money etc.... on Interest basis.

2. Anybody who has investments, can apply to the competent authority, with relevant forms & fees for a license, which is renewable every year and you have to file returns every year.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Money lender license is usually granted by the Revenue Department within 3 to 4 months from the date of submission of the application form. Once the application is received, it is valid for one year

2) 

The following documents are required to obtain the money lending license.

  • Form A application form.
  • Passport size photographs.
  • Three specimen signatures mentioning the money lenders name or his nominee.

 

3)following factors are considered while granting licence 

 

Whether the person has the competency to run a money lending business.

  • Whether the applicant’s premise is an apt place to run the business.
  • Whether granting the permission would be against the public interest.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Every person as per the money lenders act in bihar is eligible there is procedure and authority appointed for obtaining a license as per prescribed procedure.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

A money lender is someone who lends small amounts of money at a higher rate of interest. The reason for charging higher rates of interest is that the money lender faces a higher risk of default than normal banks due to various reasons. 

Money lender license is usually granted by the Revenue Department  on the basis of the confirmation of  following eligibility conditions:

  • Whether the person has the competency to run a money lending business.
  • Whether the applicant’s premise is an apt place to run the business.
  • Whether granting the permission would be against the public interest.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Any person above 18 years. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

1.Anyone who wants to start money lending business has to register with the State Government and obtain the money lending business and then only start the business.

2. Whoever is interested and appplies for money lending business is eligible for a money lending certificate.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

Vist the RBI AND SEBI office for this. Eligibility criteria differs with people applying for it. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Money lender license is usually granted by the Revenue Department within 3 to 4 months from the date of submission of the application form. Once the application is received, it is valid for one year. However, there are a few factors that have to be taken into consideration while issuing/renewal/endorsement of a license:

  • Whether the person has the competency to run a money lending business.
  • Whether the applicant’s premise is an apt place to run the business.
  • Whether granting the permission would be against the public interest.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Any one above 18 years.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

There is a state wise Act for money lending. You need to have a valid money lending license for the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. An financially capable Individual /Proprietor Firm /LLP/ OPC /Pvt. Ltd. Co., are eligible for Money Lender License.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

- Even you can apply for getting the same , after forming a firm .

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. Yes money lending business is legal if lender have licence of money lending business.

2. Any person who have capacity to lend money can apply for licence. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

No person can carry on a business of money except in accordance with the licence issued to him under the Money Lenders Act .

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

money lender desiring to carry on the business of money lending in any area shall make an application before revenue department.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Person who has financial capacity / liquidity

Infrastructure, Office space as per specifications.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

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