1. Definition of Object Clause
- The object clause in the Memorandum of Association (MOA) defines the main purpose for which the Nidhi Company is formed.
- It sets legal boundaries for the activities the company can undertake.
- This clause ensures the company operates only within its stated objectives.
- It is mandatory to include this clause during incorporation.
- The object clause helps in ensuring regulatory compliance under company law.
2. Main Objectives Permitted
- To cultivate the habit of thrift and savings among its members.
- To receive deposits from and lend only to its members for mutual benefit.
- To function as a mutual benefit society governed by Nidhi Rules.
- To accept fixed, recurring, and savings deposits from members.
- To issue loans against securities like gold, fixed deposits, or property.
3. Limitations in the Object Clause
- The company cannot deal with or lend to non-members.
- It cannot carry out business such as chit funds, insurance, or leasing.
- It must not engage in activities prohibited under the Nidhi Rules.
- It should limit its lending and deposit-taking only to the allowed extent.
- The object clause must not include any financial activities outside the scope of mutual benefit.
4. Legal Framework and Compliance
- Governed by Section 406 of the Companies Act, 2013.
- The object clause must comply with Rule 6 of the Nidhi Rules, 2014.
- Any change to the object clause requires shareholders’ approval and ROC filing.
- The object clause is submitted during company incorporation with SPICe forms.
- Compliance with the object clause is verified during inspections and annual filings.
5. Drafting Guidelines for the Clause
- Use specific language focusing on mutual benefit and member services.
- Avoid vague terms and ensure all points align with Nidhi Rules.
- Restrict dealings with outsiders or unauthorized business.
- Mention the company’s intention to promote savings and provide secured loans.
- Ensure the clause aligns with the prescribed format under MCA norms.
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