Nidhi Company, India

Starting a Nidhi Company

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Starting a Nidhi Company

The word “Nidhi” in Nidhi Company comes from a root word traditionally meaning “treasure”. In its more recent context in the Indian financial sector it refers to any mutual benefit society notified by the Central / Union Government as a Nidhi Company. They are created primarily for the motive of cultivating the habit of thrift and savings among their members.

The companies doing Nidhi business, viz. borrowing from members and lending to members only, are known under different names such as Nidhi, Permanent Fund, Benefit Funds, Mutual Benefit Funds and Mutual Benefit Company. Nidhis are more popular in South India and are highly localized single office institutions. They are mutual benefit societies, because their dealings are restricted only to the members; and membership is limited to individuals. The principal source of funds is the contribution from the members. The loans are given to the members at relatively reasonable rates for purposes such as house construction or repairs and are generally secured. The deposits mobilized by Nidhis are not much when compared to the organized banking sector.

Regulatory framework

Nidhi’s are Companies Registered under the Companies Act

Nidhi’s are companies registered under section 620A of the Companies Act, 1956 (Section 406 of the new Companies Bill 2012, as passed by Lok Sabha) and is regulated by Ministry of Corporate Affairs (MCA). Even though Nidhis are regulated by the provisions of the Companies Act, 1956, they are exempted from certain provisions of the Act, as applicable to other companies, due to limiting their operations within members.

The Central Government vide Notification No.5/7/2000-CL.V dated 23rd March 2000 constituted a Committee to examine the various aspects of the functioning of Nidhi Companies.There was no Government Notification defining the word ‘Nidhi’. Taking into consideration the manner of functioning of Nidhis and the recommendations of the Shri P.Sabanayagam Committee in its report and also to prevent unscrupulous persons using the word ‘Nidhi’ in their name without being incorporated by Department of Company Affairs (DCA) and yet doing Nidhi business, the Committee suggested the following definition for Nidhis:

“Nidhi is a company formed with the exclusive object of cultivating the habit of thrift, savings and functioning for the mutual benefit of members by receiving deposits only from individuals enrolled as members and by lending only to individuals, also enrolled as members, and which functions as per Notification and Guidelines prescribed by the DCA. The word Nidhi shall not form part of the name of any company, firm or individual engaged in borrowing and lending money without incorporation by DCA and such contravention will attract penal action.” A part of this definition is appearing in the new Companies Bill 2012 at Section 406.

Also under the ambit of Reserve Bank of India

Nidhis are also included in the definition of Non-Banking Finance Companies or NBFC’s which operate mainly in the unorganized money market. However, since 1997, NBFCs have been brought increasingly under the regulatory ambit of the Indian Central Bank, RBI. Non-banking financial entities partially or wholly regulated by the RBI include:

  • NBFCs comprising equipment leasing (EL), hire purchase finance (HP), loan (LC), investment (1C) (including primary dealers (PDs)) and residuary non-banking (RNBC) companies.
  • mutual benefit financial company (MBFC), i.e. nidhi company.
  • mutual benefit company (MBC), i.e. potential nidhi company i.e., A company which is working on the lines of a Nidhi company but has not yet been so declared by the Central Government;has minimum net owned fund(NOF) of Rs.10 lakh, has applied to the RBI for certificate of registration and also to Department of Company Affairs (DCA) for being notified as Nidhi company and has not contravened directions/ regulations of RBI/DCA.
  • miscellaneous non-banking company (MNBC), i.e. chit fund company.

Since Nidhis come under one class of NBFCs, RBI is empowered to issue directions to them in matters relating to their deposit acceptance activities. However, in recognition of the fact that these Nidhis deal with their shareholder-members only, RBI has exempted the notified Nidhis from the core provisions of the RBI Act and other directions applicable to NBFCs. As on date (February 2013) RBI does not have any specified regulatory framework for Nidhis.

RBI Guidelines for Nidhi Company

The RBI guidelines provide that a Nidhi company notified under section 620-A of the Companies Act is classified at present as “Mutual Benefit Financial Company” by RBI and regulated by the Bank for its deposit taking activities and by DCA for its operational matters as also the deployment of funds. These Companies enjoy exemption from core provisions of the RBI Act viz. requirement of registration, maintenance of liquid assets and creation of reserve fund, and RBI Directions except those relating to interest rate on deposits, prohibition from paying brokerage on deposits, ban on advertisements and the requirement of submission of certain Returns. Such companies, however, are allowed to deal with their shareholders only, for the purpose of accepting deposits and making loans. There are a number of companies functioning on the lines of Nidhi companies but not yet notified by DCA. As RBI Directions to classify them as loan companies had disallowed them the special dispensation available to Notified Nidhi companies, the Bank and the Government received representations from a large number of such companies and their associations. Government decided to give them a special dispensation and notified that applications of companies incorporated on or before January 9, 1997 shall be considered for notifying as Nidhi Company under section 620-A of the Companies Act, 1956 only if they have minimum NOF of Rs.10 lakh or more. These companies shall be required to have net owned fund of Rs.25 lakh by December 31, 2002 like companies already declared as Nidhis. Government has also clarified that NOF shall have the same meaning as assigned to it in the RBI Act, 1934. Thus a new class of companies has been created i.e. the potential Nidhi companies. To distinguish them from the notified Nidhi companies (Mutual Benefit Financial Companies) the term Mutual Benefit Companies (MBC) is being used. Since the notified nidhi companies are exempted from the provisions of Section 45-IA (Compulsory Registration with RBI), Section 45-IB (Maintenance of Liquid Assets) and Section 45-IC (Creation of Reserve Fund), it has been decided on the lines of Government advice to exempt the MBCs in existence as on January 9, 1997 and having NOF of Rs.10 lakh from the above mentioned provisions of the Act in terms of powers vested with the Bank under Section 45 NC of the Act and also from those provisions of NBFC Directions on Acceptance of Public Deposits and Prudential Norms which do not apply to notified nidhi companies.

Further Reading

Visit the article on Nidhi Company Registration at IndiaFilings Learning Center for more information about the procedure for incorporation of a Nidhi Company in India.

IndiaFilings.com can help you start a Nidhi Company in India

Comments (36)

mehkar singh

Nov 24, 2014 at 1:51 PM

i want to register a nidhi company, so plz give mw more information about it
m no. 09719325082

Reply

RAKESH

Jan 24, 2015 at 11:31 PM

TO START A NIDHI COMPANY

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SURAJ MAL KUMAWAT

Jan 26, 2015 at 5:53 PM

I AM START A NIDHI COMPANY
PLEASE PROVIDE GUIDELINE SENT IN MY EMAIL ADDRESS

E- MAIL – SMKUMAWAT45@GMAIL. COM

Reply

SURAJ MAL KUMAWAT

Jan 27, 2015 at 1:19 PM

I AM START A NIDHI COMPANY
PLEASE PROVIDE GUIDELINE SENT IN MY EMAIL ADDRESS

E- MAIL – SMKUMAWAT45@GMAIL. COM

Reply

BRIJESJ

Feb 10, 2015 at 6:54 PM

I want to register a nidhi company, so plz give mw more information about it

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IndiaFilings

Feb 10, 2015 at 7:07 PM

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Brijesh Bhatnagar

Mar 02, 2015 at 11:46 AM

I want to register a nidhi company, so plz give mw more information about it.
my phone no-09058422221.

Reply

chander mohan

Mar 02, 2015 at 11:53 AM

I want registered nidhi company so please send more infor
mation in Hindi language in my email mohanchander265@yahoo.in tha nks

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Abhishek Singh

Mar 11, 2015 at 8:20 PM

I want to register a nidhi company, so plz give mw more information about it.

Call 09897059111

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rajpal singh

Mar 25, 2015 at 12:32 PM

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bp singh

Mar 28, 2015 at 1:02 AM

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anand kumar

Mar 31, 2015 at 6:26 PM

Dear sir
Plz send me a no. of companies working in nidhi act 2014. & security of companies .plz send me mail I.d.
Thanks
Regards
Anand kumar

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stalin

Apr 04, 2015 at 12:15 PM

I AM START A NIDHI COMPANY
PLEASE PROVIDE GUIDELINE SENT IN MY EMAIL ADDRESS

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senthilkumar

Apr 08, 2015 at 11:12 AM

if any one interested to start a nidhi / benefit fund company pl contact me senthilkumarbcs@gmail.com, 09994509254

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nooralam

May 12, 2015 at 5:51 AM

Nidhi ki jankari

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Singh Kulvinder

Jun 16, 2015 at 5:23 PM

kindly provide me a brief details for registration of nidhi co.

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IndiaFilings

Jun 17, 2015 at 10:19 AM

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SHANKER PRAJAPATI

Jun 25, 2015 at 10:46 PM

I WANT OPEN NIDHI COMPANY SO PLZ. PROVIDE ME DETAILS FOR OPENING TO NIDHI COMPANY.

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IndiaFilings

Jun 26, 2015 at 9:17 AM

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Please provide your email address and contact number, so that we can ask our business adviser to call you.
Looking forward to work with you in the near future. Have a great day.
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Ashutosh tripathi

Jun 27, 2015 at 10:20 PM

Information pgr india nidhi limited its faq company or riyal company it is back mony return or not back mony and ful infomation pgr india nidhi limited

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IndiaFilings

Jun 29, 2015 at 10:38 AM

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Greetings from IndiaFilings.com, India’s premier online consulting co!!
Please provide your email address and contact number, so that we can ask our business adviser to call you.
Looking forward to work with you in the near future. Have a great day.
Thanks & Regards,

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MANOJ KUMAR VERMA

Jul 11, 2015 at 3:54 PM

I am a stat nedhi compony please provid gaid line sent my gmail id |

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Ravindra Singh Chandel

Jul 19, 2015 at 7:59 PM

Dear concern, I Want to register a Nidhi company kindly guide me in detail over phone call me on mob. 9506038001

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sunil lalwani

Feb 05, 2016 at 10:53 PM

hi,
this is sunil lalwani form gujarat kandla dear all how will and seeing this i am wanting to register nidhi company for collection of fund i need help also and guidance also that wither i am not do going in wrong or not or i can register in some other act for collection prepouse please give me some information to me

thank you
Best Regards
sunil lalwani
Mail : sunillalwani505@gmail.com , Mobile : 9979636342, 9979886342

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IndiaFilings

Feb 26, 2016 at 6:20 PM

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Deepak singh

Feb 06, 2016 at 8:33 PM

I want to open a Nidhi company kindly provide the information about

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Feb 19, 2016 at 6:28 AM

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vipin kumar

Feb 08, 2016 at 4:02 PM

My self vipin kumar from jalaun uttar pradesh.
I want to start Nidhi company
Plz guide me for registration and all that which helpful for running that company
8090068280

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IndiaFilings

Feb 26, 2016 at 5:51 PM

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Akram

Feb 15, 2016 at 11:47 PM

Dear Sir
Information provide nidhi company Reg.
Mobile. 8530622255

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IndiaFilings

Feb 18, 2016 at 5:30 AM

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Ranjan

Jun 21, 2016 at 3:53 PM

Hi if you are looking forward to register a Nidhi Company please call us at 09422314030 Regards

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H bhatt

Apr 17, 2017 at 5:26 PM

hi… I am interested to start a nidhi co. need to know more on area of operations, structure of directros etc…

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Brij Mohan

Apr 24, 2017 at 11:31 AM

I m to start Nidhi coy at Roorkee in Uttrakhand state. Please guide m to run it better & successfully. Regards.

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