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Can a Nidhi Company open branches?

1. Permission to Open Branches

  • Yes, a Nidhi Company can open branches, but only under certain conditions.
  • The permission to open branches is governed by Rule 10 of the Nidhi Rules, 2014.
  • The company must fulfill specific financial and operational criteria before expansion.
  • All branches must adhere to the same restrictions as the head office.
  • Each branch must operate within the member-only transaction framework.

2. Financial Criteria for Branch Expansion

  • The company must have earned net profits continuously during the preceding three financial years.
  • It must have complied with all regulatory requirements under the Companies Act and Nidhi Rules.
  • The Net Owned Funds and member base must be adequate to support branch operations.
  • Proper financial audits and filings must be completed before applying for branch approval.
  • Any company failing to meet these conditions is restricted from expanding.

3. Geographical Restrictions

  • A Nidhi Company can open up to three branches within the same district without prior approval.
  • To open more than three branches, prior approval must be obtained from the Regional Director.
  • For opening branches outside the district or in other states, specific permission from the Ministry of Corporate Affairs is required.
  • Inter-state operations are not allowed unless the company meets higher compliance standards.
  • All branch activities must be limited to dealing with members only.

4. Compliance and Documentation Requirements

  • The company must pass a board resolution for each branch it proposes to open.
  • Intimation of branch opening must be filed with the Registrar of Companies using the prescribed form.
  • The address, contact details, and name of the officer-in-charge must be maintained.
  • Statutory records and financial data must be updated for each branch separately.
  • Branches must follow the same internal controls and reporting mechanisms as the head office.

5. Restrictions on Agency-Based Expansion

  • Nidhi Companies are prohibited from appointing agents or intermediaries to open branches or collect deposits.
  • All branch operations must be directly managed by company employees.
  • Commission-based branch openings or franchise models are not permitted.
  • Non-compliance with these conditions may lead to regulatory penalties or branch closure.
  • Strict adherence ensures that the company maintains its mutual benefit character.

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