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Nidhi Company Registration

  • Register your Nidhi Company in 7 business days with our expert assistance.
  • Our online company registration service includes the following features
  • 3 DIN and DSC
  • Company PAN and TAN
  • Approval letter from Central Govt
  • Drafting of MoA & AoA
  • Company Incorporation Certificate

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Nidhi Company Registration

What is a NIDHI Company?

A NIDHI Company is recognized under Section 406 of the Companies Act, 2013 and operates primarily in the Non-Banking Financial Sector in India. These companies are also known as:

  • Mutual Benefit Company
  • Benefits Fund
  • Permanent Fund
  • Mutual Benefit Funds

The operations of NIDHI Companies are governed by the NIDHI Rules, 2014, issued by the Ministry of Corporate Affairs (MCA). NIDHI Companies are prohibited from engaging in activities related to chit funds, lease financing, hire purchase, or insurance rates.

 

Purpose of a NIDHI Company

 

NIDHI Companies are formed as Public Limited Entities with the primary objective of:

  • Fostering financial responsibility among members.
  • Accepting deposits from members.
  • Providing loans to members for their mutual benefit.

 

The unique membership structure of NIDHI Companies ensures a secure environment for members to invest and borrow.

 

Salient Features OF NIDHI Company

  • Regulated under Companies Act, 2013: Operates as a Public Limited Company under Section 406 of the Act.
  • Governed by NIDHI Rules, 2014: Overseen by the Ministry of Corporate Affairs (MCA).
  • No RBI License Required: Functions as an NBFC without requiring an RBI license.
  • Exclusive Membership: Operates only for its members, fostering mutual benefits.
  • Accepts and Lends Among Members: Accepts deposits and provides loans exclusively to its members.
  • Restricted Activities: Prohibited from engaging in chit funds, leasing, hire purchase, or insurance businesses.
  • Simplified Registration Process: Requires minimal paperwork and has a straightforward incorporation process.
  • Focus on Financial Responsibility: Encourages savings and responsible financial behavior among members.
  • Mutual Benefit Framework: Designed for collective financial growth of its members
  • Compliance Requirements: Subject to lighter regulatory compliance compared to other NBFCs.

Advantages of Nidhi Company Registration

A Nidhi Company is a type of Non-Banking Financial Company (NBFC) that operates with the primary objective of cultivating savings and lending among its members. Here are the key advantages of registering a Nidhi Company:

 

1. Simplified Registration Process

The incorporation process is straightforward and governed by the Companies Act, 2013 and NIDHI Rules, 2014.

  • Requires fewer documents and less regulatory compliance compared to other NBFCs.

 

2. No RBI License Required
  • Unlike other NBFCs, a Nidhi Company does not require an RBI license to operate.
  • It is regulated by the Ministry of Corporate Affairs (MCA), making the process less complex.

 

3. Limited Liability
  • Shareholders’ liability is limited to the amount they invest in the company, protecting personal assets from business losses.

 

4. Encourages Savings
  • Nidhi Companies promote a culture of saving among members, helping them develop financial responsibility and discipline.

 

5. Exclusive Membership Benefits
  • Operates solely for its members, allowing deposits and loans only among the company’s registered members.
  • Ensures a secure and trustworthy environment for financial transactions.

 

6. Lower Risk
  • The membership-based structure ensures that the company operates in a controlled and secure manner, reducing financial risks.

 

7. Tax Benefits
  • Enjoys tax advantages similar to other corporate entities, such as deductions for business expenses and lower corporate tax rates.

 

8. Perpetual Succession
  • The company’s operations remain unaffected by changes in ownership, death, or resignation of members, ensuring stability and continuity.

 

9. Minimal Regulatory Compliance

Regulatory requirements are less stringent compared to other NBFCs, allowing smoother operations and reduced administrative burdens.

 

10. Cost-Effective Business Model
  • Nidhi Companies operate with a low-cost structure, making it an ideal option for small-scale lending and savings businesses.

 

11. Safe and Secure
  • Strict regulations under the NIDHI Rules, 2014 ensure the safety of deposits and minimize financial risks for members.

 

12. Community-Based Financing
  • Nidhi Companies cater to the financial needs of specific communities or groups, fostering trust and mutual benefit among members.

DOCUMENT REQUIRED

Under the Companies Act, 2013, registering a Private Limited Company requires submitting various documents to the Ministry of Corporate Affairs (MCA). Below is the complete list of documents you need to prepare for a hassle-free registration process:

 

1. Documents for Directors and Shareholders

A. Identity Proof

  • For Indian Citizens:
    → PAN Card (mandatory)
  • For Foreign Nationals:
    → Passport (Notarized and Apostilled, if outside India)

B. Address Proof

Any one of the following:

  • Aadhaar Card
  • Voter ID
  • Passport
  • Driving License

The address proof must be recent (not older than 2 months).

C. Photograph

  • Passport-sized photograph of all directors and shareholders.

 

2. Documents for Registered Office

A. Proof of Address

Any one of the following documents:

  • Recent Utility Bill (Electricity, Water, or Gas Bill)
  • Property Tax Receipt
  • Sale Deed (if owned property)

B. Rent Agreement and NOC

  • Rent Agreement (if the registered office is on rented premises).
  • No Objection Certificate (NOC) from the property owner allowing the use of the premises as the company’s registered office.

A NIDHI Company is a Non-Banking Financial Company (NBFC) established to encourage savings and lend to its members for mutual benefit. Registering a NIDHI Company in India is governed by the Companies Act, 2013 and the NIDHI Rules, 2014. Follow this step-by-step process to incorporate your NIDHI Company:

 

Step 1: Obtain Digital Signature Certificate (DSC)
  • All directors and subscribers must have a Digital Signature Certificate (DSC) to file electronic forms.
  • Obtain DSC from a government-authorized certifying agency.
Step 2: Apply for Director Identification Number (DIN)
  • Directors must apply for a Director Identification Number (DIN) through the SPICe+ form during registration.
  • Required documents: Identity proof, address proof, and a passport-sized photograph.

 

Step 3: Reserve a Unique Company Name

Use the RUN (Reserve Unique Name) service on the MCA portal to propose a unique name for your company.

  • Ensure the name complies with the Companies Act, 2013, and is not similar to existing entities or trademarks.

 

Step 4: Prepare MOA and AOA
  • Draft the Memorandum of Association (MOA) and Articles of Association (AOA) for your NIDHI Company:
    → MOA: Defines the objectives of the company, such as encouraging savings and lending among members.
    → AOA: Outlines the rules and regulations governing the company’s internal operations.

 

Step 5: File SPICe+ Form for Incorporation
  • The SPICe+ (Simplified Proforma for Incorporating a Company Electronically Plus) is an integrated form for:
    → Company incorporation
    → DIN allotment
    → PAN and TAN application
  • Fill in details such as the company name, registered office address, and director information.
  • Upload the required documents, including MOA, AOA, identity proofs, and address proofs.

 

Step 6: Deposit Minimum Paid-Up Capital
  • Deposit at least ₹10 lakhs as the paid-up capital in the company’s bank account, as per the NIDHI Rules, 2014.

 

Step 7: Submit Required Documents
  • Upload the following documents during the registration process:
    → PAN Card and address proof of directors and shareholders
    → Proof of registered office (Electricity Bill, Rent Agreement, NOC)
    → MOA and AOA signed by directors and shareholders
    → Declaration in Form INC-9

 

Step 8: Certificate of Incorporation
  • Upon successful verification of documents and application, the Registrar of Companies (ROC) issues a Certificate of Incorporation.
  • The certificate contains the Corporate Identification Number (CIN) and serves as proof of company registration.

 

Step 9: Post-Incorporation Compliance
  1. Commencement of Business Certificate: File Form INC-20A within 180 days of incorporation to declare the commencement of business.
  2. Membership Requirement: Ensure a minimum of 200 members within the first year of operation.
  3. Deposit Ratio: Maintain a deposit-to-loan ratio of 1:20, as mandated by the NIDHI Rules.
  4. Compliance Filings: File annual returns, financial statements, and applicable tax returns regularly.

A Nidhi Company, registered under the Companies Act, 2013, must comply with several regulatory and operational requirements as outlined by the NIDHI Rules, 2014. Here’s a detailed list of mandatory compliances for a Nidhi Company:

 

1. Filing of Annual Returns
  • Form MGT-7: Submit the annual return within 60 days of the Annual General Meeting (AGM), detailing the company’s shareholders, directors, and members.

 

2. Filing Financial Statements
  • Form AOC-4: File the audited financial statements, including the Balance Sheet and Profit & Loss Account, within 30 days of the AGM.

 

3. Membership Requirement
  • Ensure a minimum of 200 members within the first year of incorporation.
  • Maintain compliance with membership requirements as per NIDHI Rules.

 

4. Net Owned Fund (NOF) Ratio
  • Maintain a Net Owned Fund (NOF) to deposit ratio of 1:20, ensuring deposits do not exceed 20 times the NOF.

 

5. Commencement of Business
  • File Form INC-20A within 180 days of incorporation, declaring the commencement of business operations.

 

6. Board Meetings
  • Conduct a minimum of 4 board meetings annually, ensuring a gap of no more than 120 days between two consecutive meetings.

 

7. Restrictions on Operations
  • A Nidhi Company must not:
    → Carry out activities related to chit funds, leasing, or hire purchase.
    → Issue preference shares or debentures.
    → Advertise for deposits.
    → Accept deposits from or lend to non-members.

 

8. Deposits Compliance
  • Only accept deposits from members and ensure:
    → Deposits are repayable only after 6 months.
    → The maximum tenure for fixed deposits does not exceed 60 months.
    → The interest rate is in line with NIDHI Rules.

 

9. Loans Compliance
  • Provide loans only to members with secured collateral, such as gold, property, or fixed deposits.

 

10. Filing Form NDH-1
  • Submit Form NDH-1 within 90 days of the financial year-end, declaring the number of members, deposits, and loans.

 

11. Filing Form NDH-2
  • File Form NDH-2 to request an extension of time if the company fails to meet the membership or deposit requirements within the stipulated time.

 

12. Filing Form NDH-3
  • File a half-yearly return in Form NDH-3 within 30 days from the end of each half-year, providing details of deposits and loans.

 

13. Auditor Appointment
  • Appoint a statutory auditor within 30 days of incorporation to audit the company’s financial records annually.

 

14. Statutory Registers
  • Maintain statutory registers, including:
    → Register of Members
    → Register of Loans
    → Register of Fixed Deposits

 

15. Director KYC Compliance
  • Directors must submit their KYC details annually in Form DIR-3 KYC.

 

16. Tax Compliance
  • File the company’s Income Tax Return (ITR-6) annually.
  • Deduct and deposit TDS (if applicable) and file quarterly TDS returns.

 

17. Corporate Social Responsibility (CSR)
  • If the company meets the CSR threshold, comply with CSR provisions as per Section 135 of the Companies Act, 2013.

 

Penalties for Non-Compliance

Failure to comply with NIDHI Rules or the Companies Act can result in:

  • Financial penalties
  • Suspension of operations
  • Directors being held personally liable for defaults.

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Frequently Asked Question

How is a Nidhi Company different from other NBFCs?

Unlike other NBFCs, a Nidhi Company does not require an RBI license and operates under the Ministry of Corporate Affairs (MCA). It also has less stringent compliance requirements and caters only to its members.

What is the minimum capital requirement to start a Nidhi Company?

The minimum paid-up capital required to start a Nidhi Company is ₹10 lakhs.

How many members are required to start and maintain a Nidhi Company?

  • At incorporation: A minimum of 7 members (including at least 3 directors).
  • Post-registration: The company must have at least 200 members within one year of incorporation.

Does a Nidhi Company require a license from the RBI?

No, a Nidhi Company does not require an RBI license. It is regulated by the Ministry of Corporate Affairs (MCA) under the NIDHI Rules, 2014.

What activities are prohibited for a Nidhi Company?

A Nidhi Company is restricted from:

  • Engaging in chit funds, leasing, or hire purchase activities.
  • Advertising for deposits.
  • Lending to or accepting deposits from non-members.
  • Issuing preference shares or debentures.

Can a Nidhi Company operate across multiple states?

No, a Nidhi Company is restricted to operating within the state of its registration.

What is the Nt Owned Fund (NOF) requirement for a Nidhi Company?

A Nidhi Company must maintain a Net Owned Fund (NOF) to deposit ratio of 1:20.

What forms are required for Nidhi Company compliance?

  • Form NDH-1: Annual return to declare members, deposits, and loans.
  • Form NDH-2: For extension of time to meet member or deposit requirements.
  • Form NDH-3: Half-yearly return for deposits and loans.
  • Form MGT-7: Annual return.
  • Form AOC-4: Filing of financial statements.

Can foreign nationals or entities invest in a Nidhi Company?

No, only Indian citizens can become members of a Nidhi Company.

Is it mandatory to conduct audits for a Nidhi Company?

Yes, like other companies, a Nidhi Company must undergo an annual statutory audit by a qualified chartered accountant.

Why should I choose a Nidhi Company over other business structures?

A Nidhi Company is ideal for those looking to create a community-based financial institution with lower compliance burdens, a secure membership framework, and a focus on encouraging savings and lending among members.