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What are the common bylaws of a Nidhi Company?

1. Membership and Shareholding Rules

  • Only individual persons can become members of a Nidhi Company.
  • A member must subscribe to a minimum number of equity shares as specified in the Articles of Association.
  • Minors, partnership firms, companies, and trusts are not eligible for membership.
  • Members must comply with the company’s internal rules and deposit policies.
  • Termination of membership may occur upon misconduct, insolvency, or default.

2. Deposit and Loan Regulations

  • Deposits are accepted only from members in the form of savings, fixed, and recurring deposits.
  • The total amount of deposits must not exceed 20 times the Net Owned Funds.
  • Loans are granted only to members and must be secured against approved securities.
  • The maximum loan amount and interest rates are subject to limits prescribed by the Nidhi Rules.
  • The company must maintain a minimum of 10% of its deposits as unencumbered term deposits.

3. Governance and Management Structure

  • The company must have at least 3 directors and follow the provisions under the Companies Act, 2013.
  • Meetings of the Board of Directors and shareholders must be held as per statutory requirements.
  • The Board is responsible for approving loans, managing deposits, and ensuring compliance.
  • Roles and responsibilities of directors and officers are defined in the bylaws and internal policies.
  • All key decisions must be recorded in minutes and maintained in the statutory registers.

4. Operational Restrictions and Prohibited Activities

  • The company must not carry out any business other than borrowing from and lending to members.
  • It cannot issue preference shares, debentures, or other debt instruments.
  • Activities such as chit funds, leasing, hire-purchase, and insurance are not permitted.
  • The company must not advertise deposit schemes to the general public.
  • Use of brokers, agents, or third parties for business promotion is strictly prohibited.

5. Compliance and Reporting Provisions

  • The company must file half-yearly and annual returns such as NDH-1, NDH-3, AOC-4, and MGT-7.
  • Statutory books and records, including member registers, deposit registers, and account books, must be maintained.
  • Financial statements must be audited annually by a qualified Chartered Accountant.
  • The company must ensure regular submission of forms and declarations to the Registrar of Companies.
  • All activities must align with the Companies Act, 2013, and Nidhi Rules, 2014, to avoid penalties.

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