Nidhi Company Compliance - Overview
Nidhi Company is a type of Non-Banking Financial
Company and also known as NBFC. Like any other company, Nidhi Company also
needs to file few annual compliance and it is famously known as Nidhi Company
Compliances. The legal compliances associated with Nidhi Company are prescribed
in Nidhi Rules 2014 and the Companies Act 2013. Nidhi Company is the perfect
type of company for those who want to start a business with minimum capital
investment. As per the provisions of the Section 406(1) of the Companies Act,
2013, the Nidhi Company as 'A company which has been incorporated as a Nidhi
with the object of cultivating the habit of thrift and savings amongst its
members, receiving deposits from, and lending to, its members only for their
mutual benefit.”
Advantages of Nidhi Company Registration
Easy to Form the
Company
With 7 persons in which 3 of them will be appointed as Director
can start a Nidhi Company
Easy registration process
Just 10-15 days needed to register
Cost Efficient
Registration
With Rs 5,00,000 as the minimum capital investment, the registration
process of Nidhi Company can be started. Additionally the company also offers
the chance to invest the capital within 60 days of time once after the
registration process is done.
High Level of
Certainty InNidhi Company
The primary aim of Nidhi Company is to promote the habit of
savings among its partners. Thus, Nidhi Company can be considered as a long
term investment as its partners will not stop the habit of saving anytime.
No RBI Regulations
As the Nidhi Company comes under the criteria of NBFC there is no
need for any approval from RBI. The rules of Nidhi Rules, 2014 are drafted for
such companies to govern their business activities and working operation.
Low Level of Risk
The risk level involved in the process of Nidhi Company
registration is minimal as its nature of having deposit and giving loans to its
partners as per the Nidhi Rules 2014. It is a secured and trustworthy way of
providing loans to its members at a very less interest rate.
Documents required to Nidhi Company Compliances
Necessary
compliances to be followed are:
- Annual
Compliances of Nidhi Company help in forming an exact perception of the
company’s working pattern and performance.
- It
is mandatory for every company to register as per the Companies Act 2013
to submit the annual compliances.
- In
case preference shares are issued they are to be redeemed as per the same
terms of the issue.
- Furthermore
Nidhi Company comes under the criteria of a public company hence it helps
to protect the interest of its members, it becomes mandatory for every
Nidhi Company to follow the compliances rules.
Essential Compliances for Nidhi Company Compliance
Post-Incorporation
Compliances of Nidhi Company
- The
number of members must not be less than 200 members within one year from
its incorporation
- As
per the Rule 14 of the Nidhi Rules, 2014, the stores should not be below
10% of the outstanding deposits.
- The
Net owned Fund should be Rs.10 lakh or more.
- Support
of statements or books of Accounts.
- The
proportion of Net-owned Funds to the stores should not exceed 1:20.
- Maintain
the legal Registers.
- Collect
Statutory Meetings.
Important
Dates
Pre-Incorporation
Compliances of Nidhi Company
Essential
compliances to be followed are:
- Minimum
of 7 members can start a Nidhi Company in which three of them are
appointed as Directors of the nidhi company
- Nidhi
Company can be incorporated with a minimum capital of Rs 5, 00,000.
- The
rate of interest on the loan will not exceed more than 7.5% over the most
remarkable pace of intrigue provided on deposits.
- A
corporate body or a trust cannot be the partner of Nidhi Company
- If
the preference shares are issued or distributed they are to be ransomed
under the same terms of the issue.
- Can't
recognize the store of more than 20% of Net Owned Funds. A minor
individual cannot conceived as the partner of Nidhi Company
- Company
must hold 'Nidhi Limited” at the back of the company name.
- Nidhi
Company is not allowed to open any branches if it fails to gain any
profit after the inspection for consecutive three money related years.
Post-Incorporation
Compliances of Nidhi Company
- The
number of members must not be less than 200 members within one year from
its incorporation
- As
per the Rule 14 of the Nidhi Rules, 2014, the stores should not be below
10% of the outstanding deposits.
- The
Net owned Fund should be Rs.10 lakh or more.
- Support
of statements or books of Accounts.
- The
proportion of Net-owned Funds to the stores should not exceed 1:20.
- Maintain
the legal Registers.
- Collect
Statutory Meetings.
COMPLIANCE
|
DUE DATE
|
AGM or Annual General Meeting
|
30th
September of every year
|
MGT-7
|
Within
2 months or 60 days of AGM
|
AOC-4
|
Within
a month or 30 days of AGM
|
NDH 1
|
Within
3 months or 90 days of the every Fiscal Year
|
NDH 3
|
Every
6 months or Half Yearly
|
Income Tax Return
|
30th
September of every year
|
Annual
Compliances for Nidhi Company
The
annual compliance of the Nidhi Company is periodic and often these compliances
are filed annually thus they are required to be filed regularly after certain
intervals of time. The purpose of these annual compliances is to present a
clear picture of the company’s work status and Nidhi Company’s performance
during the particular time period. It is necessary for Nidhi Company to meet
all the compliance as mentioned in the Companies Act 2013 as well as in Nidhi
Rules 2014.
List
of Annual Compliance for Nidhi Company
NDH-1
Filing
the form NDH-1 is mandatory for Nidhi Companies to submit the NDH-1 with the
given fees and it should be duly certified by the authorized chartered
accountant, company secretary or by the cost accountant. The company should
file the annual return within 3 months or 90 days that begin from the end
date of the first or second year once your registration is done.
NDH-2
Filing
the form NDH-2 is necessary to request for time extension if the following
compliances are not satisfied:
- If
the company fails to add minimum 200 partners in a year
- If
the company unable to maintain net owned fund to deposit in the ratio of
1:20 NDH-2 form is filed to the Regional Director with the fee payment;
after which the director can pass the orders within a month or 30 days
from the date of receiving the application.
NDH-3
It
is also an essential annual return form which is filed by the Nidhi
Company and it is done half-yearly.
Books of Accounts
Every
Nidhi company needs to ensure that the company will maintain accurate books of
accounts.
Maintain Statutory Register
According
to the Companies Act 2013 it is mandatory for Nidhi Company to keep up the
statutory registers. It is one of the essential compliances for a Nidhi Company
to file its annual returns.
Convene Statutory Meetings
Conducting
Board meeting with the Directors and Shareholders of the company Preparation of
Financial Reports or Statements Financial statements of the Nidhi Company which
includes Balance Sheet and Cash Flow Statement, Profit & Loss Account
statement, it is mandatory for a Nidhi company to prepare financial reports and
statements.
Income Tax Returns
Nidhi
Company must file the annual income tax returns on or before 30th September of
the next financial year.
Financial Statement Returns
Filing (AOC-4)
The
form AOC-4 consists of subtleties of the budget statement or reports of the
Nidhi Company. This form is maintained by other documents that are supported to
transfer along this form. Annual Return Filing (MGT-7-ROC Annual Return) Nidhi
Company is needed to file for an annual return to the MCA or Ministry of
Corporate Affairs (MCA) through Form MGT-7.
Penalties
If
the company fails to comply with the needed documents on time can draw in
punishment and penalty for the Nidhi Bank Operators.
If
the Company fails to meet the compliance, the concerned officials will be fined
with a penalty of up to the extent of Rs 5000.
If
the violation proceeds, the further penalty will be Rs 500 systematically.
Consequently,
it is important to take compliance upkeep administrations from industry master
experts.
Frequently Asked Questions
What is a Nidhi Company?
Nidhi
Company is a type of Non-Banking Financial Company and also known as NBFC. Like
any other company, Nidhi Company also needs to file annual compliance and it is
famously known as Nidhi Company Compliances.
What are the benefits of Nidhi Company
compliances?
- Easy
to Form the Company.
- Cost
effective Registration
- High
Level of Certainty In Nidhi Company
- No
RBI Regulations
- Low
Level of Risk
Who can become a member or a partner of a
Nidhi Company?
Any
person who is over 18 years old as per the standard age verification can turn
into a member of the Nidhi Companies. The individual envious of turning into a
part should legalize ID Proof and Address Proof.
What should be the aim of Nidhi Company?
Nidhi
with the aim of developing the tendency for thrift and saving funds among its
members, it lends and accepts deposits from its members of the company. The
main aim of Nidhi Company is to carry on the subject of accepting deposits and
lending cash to its members.
How the Nidhi Company utilizes the fund?
The
Nidhi Company utilizes the assets in loaning to investors according to Nidhi
Rules. It loans such cash as little credit for business and funds.
What provisions are applicable to Nidhi
Company?
- The
number of members must not be less than 200 members within one year from
its incorporation
- As
per the Rule 14 of the Nidhi Rules, 2014, the stores should not be below
10% of the outstanding deposits.
- The
Net owned Fund should be Rs.10 lakh or more.
- Support
of statements or books of Accounts.
- The
proportion of Net-owned Funds to the stores should not exceed 1:20.
- Maintain
the legal Registers.
- Collect
Statutory Meetings.