A Nidhi Company is a type of Non-Banking Financial Company (NBFC) in India, recognized under Section 406 of the Companies Act, 2013. It's essentially a mutual benefit society that encourages thrift and savings among its members. Here's a breakdown of the key aspects of Nidhi Company registration:
Key Requirements for Nidhi Company Registration
- Minimum Members: At least 7 members are required to start a Nidhi Company.
- Minimum Capital: The minimum paid-up equity share capital must be Rs. 5 lakh.
- Company Name: The name must include "Nidhi Limited" as part of the official name.
- Objectives: The primary objective must be to cultivate the habit of thrift and savings among its members, receiving deposits from, and lending to, only its members for their mutual benefit.
- Membership: Only individuals can be members of a Nidhi Company.
- Compliance: Nidhi Companies are regulated by the Ministry of Corporate Affairs (MCA) and must comply with the Nidhi Rules, 2014.
Steps for Nidhi Company Registration
- Obtain Digital Signature Certificate (DSC) and Director Identification Number (DIN): All directors of the proposed Nidhi Company must obtain a DSC and DIN.
- Name Reservation: Choose a unique name for the company and apply for name reservation with the MCA.
- Draft Memorandum of Association (MOA) and Articles of Association (AOA): These documents define the company's objectives and internal rules.
- File Incorporation Documents: File the incorporation documents with the MCA, including the MOA, AOA, and other required documents.
- Obtain Certificate of Incorporation: Once the MCA approves the application, a Certificate of Incorporation is issued.
Post-Registration Compliance
- Minimum Membership: A Nidhi Company must have at least 200 members within one year of its incorporation.
- Net Owned Funds: The company's net owned funds (equity share capital + free reserves - accumulated losses - intangible assets) must be Rs. 10 lakh or more.
- Unencumbered Term Deposits: The company must maintain unencumbered term deposits of at least 10% of its outstanding deposits.
- NDH-1 Form: The company must file Form NDH-1 with the MCA within 90 days from the end of the first financial year after its incorporation, if it meets certain conditions.
Restrictions on Nidhi Companies
- Cannot accept deposits from or lend to anyone other than its members.
- Cannot carry on any business other than borrowing and lending in its own name.
- Cannot issue preference shares, debentures, or any other debt instruments.
- Cannot open current accounts with its members.
- Cannot acquire or lease any other business.
- Cannot carry on chit fund, hire purchase finance, leasing finance, insurance, or securities business.
- Cannot pay any brokerage or incentive for mobilizing deposits from members.
Key Benefits of Nidhi Companies
- Easy to register and operate compared to other NBFCs.
- Encourages thrift and savings among members.
- Provides a source of credit to members at reasonable rates.
- Operates on the principle of mutual benefit.