1. General Restriction on Inter-State Operations
- As per the Nidhi Rules, 2014, Nidhi Companies are generally not allowed to operate in multiple states.
- Their operations are intended to be localized and member-centric within a specific district or state.
- The company’s area of operation is restricted to the district or state in which it is incorporated.
- This rule helps in maintaining manageable oversight and community-based financial activities.
- Operating beyond state limits without approval is a violation of regulatory norms.
2. Prohibition on Opening Branches in Other States
- A Nidhi Company cannot open branches in another state under normal conditions.
- All permitted branches must be within the same district, and up to three without prior approval.
- To open more than three branches in the same district, the Regional Director’s approval is required.
- Inter-state branch expansion is not permitted even with profitability and compliance unless rules are amended.
- Companies must adhere to this geographical restriction to retain their Nidhi classification.
3. Legal Intent Behind Geographical Limitation
- The Nidhi Company structure is based on mutual benefit and local trust.
- Expanding into other states introduces regulatory and operational complexity.
- It may dilute the close-knit member community and increase financial risk.
- The rule protects members and encourages community-level financial inclusion.
- It also simplifies compliance monitoring for the Ministry of Corporate Affairs.
4. Compliance and Enforcement Measures
- If a Nidhi Company operates in multiple states without approval, it may face legal consequences.
- The Registrar of Companies and the Regional Director have the authority to inspect and penalize non-compliance.
- Unauthorized interstate operations may result in fines, closure of branches, or cancellation of Nidhi status.
- The company must also report all branch locations officially to the ROC.
- Any expansion must be supported by proper resolutions and regulatory filings.
5. Possibility of Future Relaxation
- As of now, there is no automatic provision for interstate operations in the Nidhi Rules.
- Any future relaxation would require an amendment to the rules by the Ministry of Corporate Affairs.
- If permitted in the future, interstate operations would likely require prior central government approval.
- Until such changes occur, Nidhi Companies must remain confined to their home state.
- Companies interested in pan-India operations should consider alternate structures like NBFCs.
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