Skip to content

Non-Banking Lender

Non-Banking Lender License

Próspera’s Roatán Financial Services Authority (RFSA) issues a Non-Banking Lender License in the form of a Regulated Industry Permit. A Non-Banking Lender is any person or entity that, in the ordinary course of business and with its own or investor-raised funds, grants loans or credit facilities to third parties—without soliciting, accepting, or holding public deposits—and that operates habitually or systematically, whether secured or unsecured.

Eligibility & Regulatory Framework

  • To qualify, you must be in good standing with all applicable Próspera ZEDE Rules and hold a supplemental regulatory insurance policy issued by a Qualified Insurer, as required by the Próspera Financial Responsibility Statute.
  • Upon election to operate under Honduran law, your activities will be governed by the Ley de Prestamistas No Bancarios (Decreto-Ley 14-1973) and its regulations, adapted and enforced by the RFSA.

Application Process

  1. Formal Permit Application
    • Submit the completed permit application form, proof of supplemental regulatory insurance policy, corporate documents, quarterly and annual financial reports, and any additional information prescribed by RFSA.
  2. Issuance
    • Upon review and approval, RFSA will issue the Regulated Industry Permit in the official RFSA license format.

Fee for Permit Issuance

  • US $200.00 (or L 4,800) per year.
  • The permit remains valid for one year from the date of issuance and must be renewed annually for continued operation.

Summary of Compliance Obligations

Non-Banking Lenders operating under a Próspera RFSA Regulated Industry Permit must comply with the following core restrictions and obligations:

1) Prohibition on Public Deposits:
Lenders may not solicit, accept, or hold deposits from the general public; they may only lend their own or investor-raised funds.

2) Interest Calculation & Usury Limits:

  • No advance interest (except narrow merchant-discount cases) and no compound interest; interest may only accrue on the outstanding principal balance.
  • Market-based rates are permitted, but the RFSA may cap non-bank rates at no more than six percentage points above the Commercial Banks’ Maximum Active Annual Interest Rate. Borrowers may petition courts to adjust “unreasonable or abusive” rates to this benchmark.

3) Statutory Books & Inspections:
Maintain ledgers recording principal, interest, dates, borrower & guarantor data, collateral, and any fees. Government inspectors must be granted on-site access to these records upon request.

4) Regulatory Reporting:

  • Quarterly Reports: Submit the GSP-RFSA-532 form (plus Excel loan ledger) within 15 calendar days after each quarter, detailing number of debtors, loans disbursed, outstanding portfolio, etc.
  • Annual Financial Statements: File Financial Statements (IFRS or US GAAP) by April 30 each year.

5) AML/CFT Compliance
Subject to RFSA Administrative Actions Nos. 8, 15 & 18, including:

  • Customer Due Diligence (CDD/KYC)
  • Record-keeping of all transactions and identities for at least five years
  • Suspicious Activity Reporting (SAR) to the RFSA’s FIU liaison
  • Participation in AML/CFT audits or inquiries

6) Anti-Usury & Transparency

  • Prohibitions on hidden commissions or charges intended to inflate the real cost of credit.
  • Borrowers overcharged on usurious interest may seek reimbursement.

Failure to adhere to these requirements may result in administrative sanctions, permit suspension or revocation, and potential civil or criminal penalties under Honduran law as enforced by the RFSA.