Nidhi Company Compliance

A Nidhi company is similar to a non-banking financial entity that is recognised under section 406 of the Companies Act, 2013. The primary activity of a Nidhi Company is to borrow and lend funds to its..

 
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Types of Compliances

There are two types of compliances as mentioned in the Companies Act and Nidhi Company Rules: 

  1. Annual compliances of Nidhi Company

Annual Compliances are generally those compliances that include the status and performance of the Nidhi Company in the whole year. The annual compliances are filed annually, but few such compliances are filed after a certain interval of time. 

  1. Event-Based Compliances of Nidhi Company

Event-based compliances are only filed at the time of incorporation of Nidhi Company. And again, these compliances are needed to be fulfilled at the time of any alteration in the structure of the Nidhi Company, and such alteration is non-periodical. These compliances are not mandatorily to be filed at a fixed interval. 

Filing Compliance with Registrar of Companies as Per Nidhi Rules 2014 and Amended Rules 2022

Form

Due Date

Contents

Noteworthy Points

NDH – 1 Return of Statutory Compliance

Within ninety days from the closure of the first financial years & where applicable form the second Financial Years.

Details relating to members, deposits loans, reserves for the financial years,

E- Form GNL-2 Form relating to the submission of documentations with the registrar

NDH – 2 Application to Regional Director and Intimation to Registrar

 

Within thirty days from the closure of the financial year

Application relating to the extension of timeline for not meeting requirements of members and deposits as required post-incorporation.

E- Form RD -1 Applications made to Regional Director

NDH -3 application for Half Yearly return

Within thirty days from the closure of each half year

Details relating to members, deposits, loans, for the said duration. It entails details such as total members admitted in the half-year, overall members who ceased to be members as on date

E- Form GNL-2 Form relating to the submission of documentations with the registrar

NDH -4

For New Nidhi Company

 

Within the duration of sixty days post expiration of one year

From the date of incorporation

For Existing Nidhi Company


Within a timeline of one year from its incorporation date or within the duration of 6 months from the date of commencement of Nidhi Rules 2019, whichever is later

For filing application for declaration as Nidhi Company and updating of status

Failure to file form NDH -4

Companies shall not be permitted to file Form No.SH -7 (Notice to Registrar of any changes to share capital) and

Form PAS -3 (Return of Allotment)

NDH -5

A Nidhi shall not close any branch unless it— (a) publishes an advertisement in a newspaper in vernacular language in the place where it carries on business at least thirty days prior to such closure, informing the public about such closure;

 (b) fixes a copy of such advertisement or a notice informing such closure of the branch on the notice board of Nidhi for a period of at least thirty days from the date on which advertisement was published under clause (a); and (c) gives an intimation to the Registrar within thirty days of such closure.

Format of advertisement to be given while closing branch

 

AOC – 4

Within the duration of 30 days from the date of the Company’s AGM

Filing of Financial Statements

 

MGT -7

Within the duration of 60 days of the AGM

Annual return along with a list of members serving the company

 

Forms NDH-1 & NDH-3 should be filed with standard fees and should be approved by the concerned professional.

Limits under Rule 15 of Nidhi Rules 2014 for the grant of loan against certain deposit valuation are:

Deposit Made (Rs)

Loan Granted (Rs)

Less than 2 crores

2 lakhs

higher than 2 crores but lower than 20 crores

7.5 lakh

Higher than 20 crores lower than 50 crores

12 lakhs

50 crores or more

15 lakhs

A Nidhi company that has failed to ensure profitability in the three preceding financial year shall not disburse any new loans surpassing 50 per cent of the max. amount of loans cited above.  

A member cannot have access to any loans in case of previous defaulting history relating to loan repayment.

The loans can be disbursed only against the given security 

  • Gold (including gold jewellery)
  • Silver (including silver jewellery)
  • Property
  • Fixed Deposit
  • Insurance Policy