Overview on Nidhi Company
As a part of the Companies ACT 2013, a Nidhi Registered company is a non banking finance sector company. A Nidhi Company is put for the benefit of the members. The soul of the Nidhi Company function is to borrow and lend money between the members. A Nidhi registered company can also be called as a Mutual fund, Beneficial fund and Permanent fund company. Nidhi falls under the Non Bank Financial Company (NBFC) where the rules are governed by Reserve Bank of India (RBI), as a result of this RBI has the power to direct how the company accepts the deposit and as such. However, since Nidhis deal with their shareholder-members only, RBI has exempted such notified firms from the core provisions of the RBI Act and other directions applicable to NBFCs. It should contain Nidhi Limited in its name.
Presently law revised on 2014 governs the Nidhi Company rules, they are incorporated in the Public Registered Company. There is no need to clear any approval from RBI in order to incorporate a Nidhi Company, as RBI has specifically exempted this category of NBFC in India to comply its core provisions such as registration with RBI.
The concept of Money lending and borrowing between the members of an incorporation dedicated to this purpose solely, but not with the same set of rules and standardization. The process was conceptualized to inculcate the habit of savings and self reliance.
Nidhi Company Registration
To start a Nidhi Company in India, the first step is to incorporate a Limited Company, under the Companies Act, 2013. Hence, a minimum of three Directors and seven shareholders will be required to start the Limited Company incorporation process. During incorporation of Nidhi company, care must be taken to ensure that the object of the Limited Company mentioned in the Memorandum of Association (MOA) is that of cultivating the habit of thrift and savings among its members, receiving deposits from, and lending to, its members only, for their mutual benefit.
Post incorporation of the Limited Company, within a period of one year from the commencement, the Nidhi Company must meet all of the following criteria:
- Not have less than two hundred members (shareholders);
- Have Net Owned Funds (NOF) of ten lakh rupees or more;
- Have unencumbered term deposits of not less than ten per cent of the outstanding deposits; and
- Have a ratio of Net Owned Funds to deposits of not more than 1:20.
