What are the post-incorporation compliances for a Nidhi Company?

1. Filing a Statutory Declaration to ROC

  • Within 90 days of incorporation, the company must file Form NDH-1 with the Registrar of Companies.
  • NDH-1 declares that the company has complied with the minimum member and fund requirements.
  • It must be certified by a practising Chartered Accountant, Company Secretary, or Cost Accountant.
  • This is a mandatory filing to confirm the company’s intention to operate as a Nidhi.
  • Delay or failure in filing can lead to penal consequences or disqualification.

2. Achieving Minimum Membership and Net Owned Funds

  • The company must have at least 200 members within 1 year of incorporation.
  • It must maintain a Net Owned Fund (NOF) of ₹10 lakhs or more.
  • The ratio of NOF to deposits must not exceed 1:20.
  • At least 10% of total deposits should be maintained as unencumbered term deposits.
  • If the company is unable to meet these requirements, it must file Form NDH-2 to seek an extension.

3. Maintenance of Statutory Registers and Records

  • The company must maintain registers such as the Register of Members, Register of Deposits, and Register of Loans.
  • Minutes of Board Meetings and General Meetings must be recorded and maintained.
  • Books of accounts and financial statements must be prepared and kept updated.
  • Statutory records must be available for inspection by regulatory authorities.
  • These records form the legal and operational backbone of the company.

4. Periodic and Annual Filings

  • File Form NDH-3 every six months with details of members, deposits, loans, and reserves.
  • File AOC-4 annually to submit audited financial statements to the Registrar of Companies.
  • File MGT-7 annually for submitting the company’s annual return with shareholder and director details.
  • Timely filing is essential to avoid late fees, penalties, or action against the company.
  • All filings must be digitally signed and submitted via the MCA portal.

5. Compliance with Operational Restrictions

  • The company must restrict financial activities to members only.
  • It cannot issue preference shares, debentures, or solicit public deposits.
  • It cannot undertake business related to chit funds, hire purchase, or leasing.
  • Advertisement for deposit schemes to the public is not allowed.
  • Any non-compliance may result in regulatory action, including suspension of Nidhi status.

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