Nidhi Company – Registration & Compliance
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A Nidhi Company is subject to several restrictions to ensure that it operates in compliance with the regulations set by the Ministry of Corporate Affairs (MCA). Here are some of the key restrictions on a Nidhi Company:
Objectives: A Nidhi Company is primarily formed to encourage savings and thrift among its members and provide loans to its members. The company is not allowed to engage in any other business activity or accept deposits from non-members.
Share Capital: The minimum paid-up equity share capital required for a Nidhi Company is INR 5 lakhs, and it should have a net owned fund of at least INR 10 lakhs.
Membership: A Nidhi Company can only have members who are individuals and not corporates or other entities. It is also required to have at least 200 members within one year of incorporation.
Deposits: A Nidhi Company can only accept deposits from its members and not from the public. It is also required to maintain a certain ratio between its net owned funds and deposits.
Lending: A Nidhi Company can only lend to its members, and the maximum amount of loan that can be provided to a member is restricted to 20 times the amount of his shareholding in the company.
Branches: A Nidhi Company is not allowed to open branches until it has earned profits for three consecutive years and has complied with other regulatory requirements.
A Nidhi Company is a type of non-banking financial company (NBFC) that is recognized under the Companies Act, 2013 and regulated by the Ministry of Corporate Affairs (MCA) in India. Nidhi companies primarily deal with the borrowing and lending of money between their members.
The main objective of a Nidhi company is to promote savings and encourage thrift among its members. Members of a Nidhi company are typically individuals from the same locality or community who contribute to a common fund, which is then lent out to members of the company at a reasonable rate of interest.
To be classified as a Nidhi company, the company must comply with certain regulations set by the MCA, including having a minimum of 200 members, maintaining a minimum net owned funds of Rs. 10 lakh, and restricting the acceptance of deposits to its members only.
Nidhi companies are not allowed to engage in any other business activity apart from borrowing and lending money among its members. They are also not allowed to issue any preference shares, debentures or any other securities, and are required to maintain strict compliance with the regulations set by the MCA.
Advantages of Nidhi Company:
The following are some advantages of a Nidhi Company:
It is important to note that while Nidhi companies offer several advantages, they must comply with the regulations set by the Ministry of Corporate Affairs (MCA) to avoid any legal or regulatory issues.
The following is the registration process for a Nidhi Company in Indi
It is important to note that the registration process may take anywhere between 20-30 days, depending on the MCA's processing time. Also, the company must comply with the regulations set by the MCA after incorporation to avoid any legal or regulatory issues.
The main objective of a Nidhi Company is to promote the habit of saving and thrift among its members and to lend money to its members at a reasonable rate of interest.
Here are some more specific objectives of a Nidhi Company:
It is important to note that a Nidhi Company is primarily formed for the benefit of its members, and therefore its operations are restricted to the borrowing and lending of money among its members only. The company is not allowed to engage in any other business activity or accept deposits from non-members.
The term compliance describes the ability to comply with orders, set of rules, or requests. A Nidhi Company that has been incorporated in India must ensure the compliances concerning the Companies Act, 2013 are adequately met. It requires controlling its active status through the regular filing with the Ministry of Corporate Affairs (MCA). The compliances relevant to the Nidhi Company could be segregated into two sections:
Here is a list of annual compliance requirements for a Nidhi Company:
It is important for a Nidhi Company to ensure timely compliance with all the above annual compliance requirements to avoid penalties and fines and maintain its good standing with the regulatory authorities.
Event Based Compliances:
Apart from the annual compliance requirements, a Nidhi Company is also required to comply with various event-based compliance requirements. Here are some of the key event-based compliance requirements for a Nidhi Company:
It is important for a Nidhi Company to ensure timely compliance with all the event-based compliance requirements to avoid penalties and fines and maintain its good standing with the regulatory authorities.
Frequently Asked Question(FAQ)
A minimum of 7 members are required to form a Nidhi Company.
A Nidhi Company should have a minimum of 3 directors and a maximum of 15 directors.
Yes, it is mandatory to include the word “Nidhi Limited” in the name of the company.
The minimum limit of share capital required to form a Nidhi Company is Rs. 5 lakhs, and the maximum limit is Rs. 10 crores.
No, a Nidhi Company cannot accept deposits from non-members.
No, a Nidhi Company cannot carry on any other business activities apart from its main business of accepting deposits and lending money.
No, a Nidhi Company cannot issue preference shares.
The penalty for non-compliance with the provisions of the Nidhi Rules, 2014 can be up to Rs. 5 lakhs.
Yes, it is mandatory for a Nidhi Company to get its books of accounts audited by a qualified Chartered Accountant.