1. General Prohibition on Public Advertisement
- Nidhi Companies are not allowed to advertise their deposit schemes to the general public.
- Rule 7 of the Nidhi Rules, 2014, strictly prohibits such advertisements in any form.
- This restriction ensures that Nidhi Companies do not act like commercial deposit-taking entities.
- Promotions must be strictly confined within the existing membership base.
- Violating this rule may attract penalties or regulatory action from the Ministry of Corporate Affairs.
2. Permitted Communication with Members
- While public advertisements are prohibited, internal communication with members is allowed.
- Notices, circulars, or written communications regarding deposit schemes may be shared only with registered members.
- No brochures, banners, or digital campaigns should be designed for public circulation.
- Content shared with members must comply with transparency and disclosure norms.
- The purpose is to inform rather than solicit or market aggressively.
3. Ban on Use of Agents and Intermediaries
- Nidhi Companies are prohibited from using agents, brokers, or intermediaries to promote or collect deposits.
- Commission-based or incentive-linked marketing models are not allowed.
- Direct handling by company staff is required for all deposit-related dealings.
- This prevents misuse of public trust and maintains the mutual benefit structure.
- Any such unauthorized engagement may lead to the cancellation of the Nidhi status.
4. Legal Intent Behind Advertisement Ban
- The objective is to limit the financial exposure to only members who are also shareholders.
- Public solicitation may attract uninformed depositors and increase financial risk.
- Keeping promotions within a small, known member base ensures safety and accountability.
- The ban also maintains a clear distinction between Nidhi Companies and commercial NBFCs or banks.
- This framework protects both depositors and the company from speculative liabilities.
5. Consequences of Non-Compliance
- Unauthorized advertising is considered a serious violation under the Companies Act and Nidhi Rules.
- The Ministry of Corporate Affairs may initiate inspections or order corrective actions.
- Monetary penalties may be imposed on the company and its officers.
- Repeated violations can lead to deregistration or withdrawal of the Nidhi classification.
- Strict adherence to the rules is essential for maintaining credibility and legal status.
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