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Hello Auditor

Are Nidhi Companies allowed to advertise their deposit schemes?

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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