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Nidhi Companies

17th September, 2024

	Nidhi companies

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Context:

The Registrar of Companies (RoC) under the corporate affairs ministry has penalised over two dozen Nidhi companies for alleged violations of Companies Act provisions.

Nidhi Company

About

Nidhi Company is a type of Non-Banking Financial Company (NBFC).

It is formed to borrow and lend money to its members.

It inculcates the habit of saving among its members and works on the principle of mutual benefit.

Nidhi Company isn’t required to receive a licence from the Reserve Bank of India (RBI), hence it is easy to form.

It is registered as a public company under section 406 of the Companies Act 2013. and should have “Nidhi Limited” as the last word of its name.

Prohibited activities

Nidhi Company can’t deal with chit funds, hire-purchase finance, leasing finance, insurance or securities business.

It is strictly prohibited from accepting deposits from or lending funds to, any other person except members.

Also, it can’t advertise itself to ask for any deposits.

Number of Members

A minimum of seven members is required to start a Nidhi Company out of which three members must be the directors of the company.

Share capital

A minimum of 5 lakh rupees, is required as the equity share capital to start a Nidhi Company.

Nidhi Company can’t issue preference shares.

Conditions to be fulfilled for getting ‘Nidhi’ status

Within one year of its registration

1.Nidhi Company should have a minimum of 200 members within one year from commencement.

2.Also, the net owned funds should be 10 lakh rupees or more.

3.Unencumbered term deposits must be 10% or higher of the outstanding deposits.

4.The ratio of net owned funds to deposits shouldn’t be more than 1:20.

 

Preference shares

It is also commonly known as preferred stock.

They are a special type of share where dividends are paid to shareholders prior to the issuance of common stock dividends.

That is, preference shareholders hold preferential rights over common shareholders when it comes to sharing profits.

For further study on the agreement refer the following article:

NBFC and Its types.

Nidhi companies, Nidhi Vs NBFC

Sources:

https://economictimes.indiatimes.com/news/india/mca-cracks-down-on-errant-nidhi-companies-penalises-two-dozen-in-a-fortnight/articleshow/113333786.cms?from=mdr

https://blog.ipleaders.in/all-you-need-to-know-about-nidhi-companies/

PRACTICE QUESTION

Q.Consider the following statements regarding the Nidhi Companies:

  1. They are private limited companies formed to borrow and lend money to its members.
  2. Equity share capital of 1 crore rupees is required to start a Nidhi Company.
  3. They can not advertise themselves to ask for any deposits.

How many of the above statements is/are correct?

A. Only one

B. Only two

C. All Three

D. None

Answer: A

Explanation:

Statement 1 is incorrect:

It is formed to borrow and lend money to its members.

It inculcates the habit of saving among its members and works on the principle of mutual benefit.

Nidhi Company isn’t required to receive the licence from Reserve Bank of India (RBI), hence it is easy to form.

It is registered as a public company under section 406 of Companies Act 2013. and should have “Nidhi Limited” as the last words of its name.

Therefore they are not Private limited companies.

Statement 2 is incorrect:

A minimum of 5 lakh rupees, is required as the equity share capital to start a Nidhi Company.

Nidhi Company can’t issue preference shares.

Statement 3 is correct:

Nidhi Company can’t deal with chit funds, hire-purchase finance, leasing finance, insurance or securities business.

It is strictly prohibited from accepting deposits from or lending funds to, any other person except members.

Also, it can’t advertise itself to ask for any deposits.