Nidhi Company registration in Bihar is a type of non-banking financial company (NBFC) in India, which is primarily established for the purpose of promoting thrift and savings among its members. It is a type of mutual benefit society where the members contribute to a common fund and receive loans or advances against the security of their savings. In this article, we will discuss the meaning, definition, legal provisions, rules, types, advantages, disadvantages, and documents required for Nidhi company registration in Bihar, India.
Meaning and Definition:
According to the Companies Act, 2013, a Nidhi Company is a company that has been incorporated as a public company with the object of cultivating the habit of thrift and savings among its members and receiving deposits from, and lending to, its members only, for their mutual benefit. It is also known as a mutual benefit company or a mutual benefit society.
Legal Provisions and Rules:
A Nidhi company is governed by the provisions of the Companies Act, 2013, and the rules made thereunder. The Reserve Bank of India (RBI) also regulates the functioning of Nidhi companies through its various circulars and notifications.
Types of Nidhi Companies:
There are two types of Nidhi companies in India, namely:
- Nidhi Mutual Benefit Company (NMBC)
- Nidhi Non-Banking Financial Company (NNBFC)
Advantages of Nidhi Company Registration:
Easy to Incorporate: The registration process of a Nidhi company is simple and easy compared to other types of companies.
Limited Liability: The liability of the members is limited to the amount of their unpaid share capital.
Low-Cost Operations: Nidhi companies can operate at a low cost since they do not require a large amount of capital.
Tax Benefits: Nidhi companies enjoy various tax benefits, such as exemption from dividend distribution tax and lower rates of corporate tax.
Disadvantages of Nidhi Company Registration:
Limited Operations: Nidhi companies are restricted to accepting deposits and lending only to their members.
Restrictions on Fund Utilization: Nidhi companies are not allowed to lend or invest their funds in any other business or activity other than lending to their members.
Documents Required for Nidhi Company Registration:
- Memorandum of Association (MOA)
- Articles of Association (AOA)
- Declaration of compliance
- PAN Card of the proposed directors
- Identity proof and address proof of the proposed directors
- Proof of registered office address
- NOC from the owner of the registered office address
- Bank statement of the company
- Audited financial statements of the company
Nidhi Company registration means registration of a company which can accept deposit from its members and can give loans to its members. Nidhi companies are registered under provision of Company Act, 2013 and are not regulated by RBI directly. Nidhi Rules prescribed under company act, 2013 prescribes rules related to running of Nidhi company and Registrar of Companies regulate affairs of Nidhi Company as per rules laid down in Nidhi Rules.
Nidhi Company is represented by Section 406 of the Companies Act, 2013 and Company Nidhi Rules, 2014. The organization is consolidated as a Nidhi Company. Nidhi Company registration is one of the classifications of Non-Banking Financial Company (NBFC) that requires no Reserve Bank permit. Consolidation of Nidhi Company Get DIN and Digital signature for least 3 chiefs.
Get name endorsement as open restricted organization with adding word Nidhi Limited in INC-1 File records with Registrar of Companies, for consolidation in INC-7, DIR-12 and INC-22.
Process of Nidhi Company Registration:
PRE-REGISTRATION REQUIREMENTS FOR REGISTERING A NIDHI COMPANY
∙ Least Seven Members: Nidhi Company can be begun with seven individuals. Out of which 3 are additionally to be delegated as chiefs.
∙ No Minimum Capital Requirement: This necessity has been authoritatively deferred off by the Ministry of Corporate Affairs (MCA). Prior, it was utilized to be INR 5 lakhs, yet presently you can enroll Nidhi Company with any measure of capital of your decision. No Preference Shares will be given.
POST-REGISTRATION REQUIREMENTS FOR REGISTERING A NIDHI COMPANY
- At the very least 200 Members: After consolidation, a Nidhi organization should add something like 200 individuals to consent to this prerequisite of regulation. Further, it needs to keep up with this over the span of time. In the event that the absolute individuals falls under 200 at whenever from there on, it will leave the organization at default.
- Notwithstanding, can’t arrive at the constraint of 200 individuals, then, at that point, you should apply for time in something like 30 days of conclusion of monetary year in Form NDH-2 with Regional Director.
- Net Owned Funds of 10 lakh or more: In a layman language, Net possessed reserves implies sum put into the business. As currently expressed, this necessity can be satisfied by enrolling the organization at INR 10 lakh capital.
- Unrestricted term stores of at least 10% of the exceptional stores according to Rule 14.
- A Nidhi Company will not concede a body corporate or trust as a part.
- A minor will not be conceded as an individual from Nidhi Company.
- Net possessed assets to Deposits ought to be 1:20: This proportion is extremely straightforward. Assume, in the event that you have net possessed assets of 10 lakhs, your absolute store cutoff would be INR 2 Crore.
Segment 406 of Companies Act 2013 and Companies (Nidhi Companies) Rules, 2014 oversee Nidhi organizations. A Nidhi organization has been consolidated with the accompanying targets:
- Assimilating the propensity for frugality and investment funds among its individuals
- Getting and loaning stores from/to its individuals for their common advantage, which consents to rules of Chapter XXVI of Companies Rules, 2014.
Nidhi signifies ‘treasure’. In the monetary area, notwithstanding, it implies any commonly advantageous society that has been advised by the middle, which attempts to develop the propensity for investment funds among its individuals.
Since Nidhi is gone under one class of NBFCs, the RBI is enabled to give headings to them in issues connecting with their store acknowledgment exercises. Notwithstanding, since Nidhis manage their investor individuals just, RBI has excluded such informed firms from the center arrangements of the RBI Act and different headings appropriate to NBFCs. As on date (February 2013) RBI has no predetermined administrative system for Nidhis.
Limitations on Nidhi Company registration:
There are a few limitations on Nidhi Companies under Nidhi Rules, 2014. As indicated by Rule ‘6’ of Nidhi Rules, 2014, a Nidhi Company will not:
- Carry on the matter of-Chit Fund, Hire Purchase finance, Leasing Finance ,Insurance or Acquisition of Securities gave by anyone corporate.
- Issue Preference Shares, Debentures or Any other obligation instrument by any name or in any structure at all.
- Open any Current Account with its individuals.
- Get one more organization by Purchase of protections or control the creation of Board of Directors of any organization in any way at all or go into any course of action for the difference in its administration except if it has supported by a Special Resolution in its regular gathering and furthermore acquire the earlier endorsement of Regional Director.
- Continue any business other than getting/loaning in its own name.
Frequently Asked Questions (FAQ)
- What number of directors are expected in a Nidhi Company?
At least three directors are expected to lay out a Nidhi Company and the greatest number can’t surpass fifteen.
- How much cash is expected to begin a Nidhi Company?
The base supported money to begin a Nidhi company is Rs. 500000 and this can be expanded to any sum (no maximum cutoff).
After an organization is integrated, inside a time of one year from the initiation, the Nidhi Company should meet the accompanying measures:
- It should not have under 200 individuals (Shareholders)
- Should have Net Owned Funds (NOF) of ten lakh rupees or more
- Should have unrestricted term stores of at the very least 10% of the remarkable stores
- Should have a proportion of Net Owned Funds to stores of not more than 1:20
- Is an office space expected to open a Nidhi Company?
No, one can open an organization even at their private location. There is no legitimate necessity to have a business spot to open up an organization.
- What is a Nidhi Company?
A Nidhi Company is a public restricted organization which is shaped with the main motivation behind keeping, tolerating and loaning cash just to its individuals. A Nidhi Company is likewise a Non-Banking Financial Company (NBFC) which has been excluded from the arrangements of the RBI.
- What amount of time does it require to enlist an organization?
It regularly requires 35 to 45 working days to enlist a Nidhi Company.
- Might I at any point enlist an organization regardless of whether I am in various state?
Indeed, the organization enrollment process is on the web. You can email the necessary archives to vakilsearch.com.
- Could one more organization at any point be an investor in a Nidhi Limited Company?
Indeed, another can be an investor in a Nidhi organization.
- Could a director in a Nidhi at any point be a salaried individual?
Indeed, a salaried individual can turn into a chief in a Nidhi organization. There are no lawful issues in this except for one might need to go through their business arrangement assuming it contains any limitations.
- Might one open a resource at any point back organization by opening a Nidhi Limited?
No, according to the imperatives referenced in the Nidhi rules and guidelines, no Nidhi organization can do the matter of resource supporting.
In conclusion, Nidhi company registration in Bihar India is a good option for individuals who want to promote the habit of thrift and savings among their members. The registration process is simple and easy, and the advantages of a Nidhi company outweigh the disadvantages. However, it is important to comply with the legal provisions and rules governing the functioning of a Nidhi company.