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Nidhi Company
A Nidhi company is a type of non-banking financial company (NBFC) that is prevalent in India. The primary objective of a Nidhi company is to cultivate the habit of thrift and savings among its members, and to lend money to its members for productive purposes.The word “Nidhi” means “treasure” or “fund” and these companies are essentially mutual benefit societies that facilitate savings and lending among its members. Nidhi companies are regulated by the Ministry of Corporate Affairs and governed by the Companies Act, 2013.
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Overview of Nidhi Company
Nidhi Company is a company that is incorporated to develop the habit of saving among its members only for their mutual benefits. The company is allowed to take deposits from & lend money to the members only. Hence, only the members take part in contributing funds & lending activities of a Nidhi Company. The minimum number of members required for registration is 3. The last word in the name must be ‘Nidhi Limited’. It shall be a public company.
- It is considered an NBFC. RBI issues directions to the Nidhi Company concerning its activities.
- It is generally advisable where the activity of deposit & lending relates to a specific group of people.
- The RBI has exempted Nidhi Companies from the applicability of the RBI Act. It is very easy & cheap to incorporate a Nidhi Company.
- The funds raised by Nidhi companies are used for lending to its members, with a focus on promoting small-scale industries, home ownership, and other productive activities.
- The interest rates charged by Nidhi companies are typically lower than those charged by traditional financial institutions, making it an attractive option for small borrowers.
- However, Nidhi companies are not allowed to engage in any other form of business apart from the lending and borrowing activities.
Advantages of Nidhi Company
| Separate Legal Entity | A Nidhi company is considered as a separate legal entity for the purpose of law. Accordingly, it can hold property in its name, sue & be sued, borrow in its name, etc. |
| Limited Liability | The members are considered separate from the company. So, they are not liable for the creditors of the company. |
| No claim on Property of Company | Since, it is considered as a juristic person, no member can claim any rights over the property of a Nidhi Company as long as it is going concern. |
| Perpetual Succession | The existence of Nidhi Company does gets affected due to the departure or death of any member. |
| Credibility | A Nidhi Company enjoys better credibility as it is registered and managed by the central government in contrary to mutual benefit organizations that are registered & monitored by state governments. |
Registration Process of Nidhi Company
Step 1: Obtaining DSC and DIN: Digital Signature Certificate(DSC) and Director Identification Number(DIN) is required for the proposed Directors of the Private Limited Company which is necessary to file the company registration documents. For this, you will only need to provide a few scanned documents and details; our representatives will fill out the form and submit it online. DIN and DSC can be obtained for the proposed Directors within 1 to 2 days.
Step 2: Name Approval: A minimum of one and a maximum of six proposed names must be submitted to the MCA. Subject to availability, naming guidelines and MCA processing time, Name Approval can be obtained in 2 to 3 working days.
Step 3: Drafting MOA and AOA Electronically: It takes 2 to 3 days to draft MOA and AOA Electronically in Spice MOA (INC-33) and Spice AOA (INC-34).
Step 4: Company Registration: After drafting the e-MOA and e-AOA, the incorporation Spice Form INC-32 is submitted along with a link form Spice MOA (INC-33) and Spice AOA (INC-34) to the MCA. MCA will usually approve the application for incorporation in 5 to 7 days, subject to their processing time. Please note that forms 49A and 49B have to be mandatorily applied with SPICe. If the same is not filed within 2 days of submitting SPICe (INC-32), the application for incorporation will be marked as ‘Invalid’.
Documents Required of Nidhi Company
1. Copy of PAN Card of directors
2. Passport size photograph of directors
3. Copy of Aadhaar Card/ Voter identity card
4. Copy of Rent agreement (If rented property)
5. Electricity/ Water bill (Business Place)
6. Copy of Property papers (If owned property)
7. Landlord NOC (Format will be provided)
FAQ's on Nidhi Company
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