Rule 5Chapter 42

Requirements for minimum number of members, net owned fund etc

Requirements for minimum number of members, net owned fund etc .—(1) Every Nidhi shall, within a period of one year from the date of its incorporation from the commencement of these rules , ensure that it has—

(a)

not less than two hundred members;

(b)

Net Owned Funds of ten lakh rupees or more;

(c)

unencumbered term deposits of not less than ten per cent of the outstanding deposits as specified in rule 14; and

(d)

ratio of Net Owned Funds to deposits of not more than 1:20.

(2)

Within ninety days from the close of the first financial year after its incorporation and where applicable, the second financial year, Nidhi shall file a return of statutory compliances in Form NDH 1 along with such fee as provided in Companies (Registration Offices and Fees) Rules, 2014 with the Registrar duly certified by a company secretary in

practice or a chartered accountant in practice or a cost accountant in practice.

(3)

If a Nidhi is not complying with clauses (a) or (d) of sub-rule (1) above, it shall within thirty days from the close of the first financial year, apply to the Regional Director in Form NDH 2 along with fee specified in Companies (Registration Offices and Fees) Rules, 2014 for extension of time and the Regional Director may consider the application and pass orders within thirty days of receipt of the application.

Proviso

Provided that the Regional Director may extend the period upto one year from the date of receipt of application.

Explanation

For the purpose of this rule “Regional Director” means the person appointed by the Central Government in the Ministry of Corporate Affairs as a Regional Director;

(4)

If the failure to comply with sub-rule (1) of this rule extends beyond the second financial year, Nidhi shall not accept any further deposits from the commencement of the second financial year till it complies with the provisions contained in sub-rule (1) and gets itself declared under sub-section (1) of section 406 , besides being liable for penal consequences as provided in the Act.

(5)

The provisions of this rule shall not be applicable for the companies incorporated as Nidhi on or after the commencement of the Nidhi (Amendment) Rules, 2022.

Notes, amendments & references (8)

from the date of its incorporation Substituted vide the Nidhi (Amendment) Rules, 2019 dated 01.07.2019 w.e.f., 15.08.2019. To view the Notification, Click Here .

Form NDH 1 Substitued vide the Nidhi (Amendment) Rules, 2023 notification dated 20.01.2023. To view the notification, Click Here . To view the return, Click Here .

Substitued vide the Nidhi (Amendment) Rules, 2020 notification dated 05.02.2020. To view the notification, Click Here . To view the return, Click Here

Form NDH 2 Substituted vide the Nidhi (Amendment) Rules, 2023 notification dated 20.01.2023. To view the notification, Click Here . To view the return, Click Here .

Substituted vide the Nidhi (Amendment) Rules, 2020 notification dated 05.02.2020. To view the notification, Click Here . To view the return, Click Here

Inserted vide the Nidhi (Amendment) Rules, 2019 dated 01.07.2019 w.e.f., 15.08.2019. To view the Notification, Click Here .

and gets itself declared under sub-section (1) of section 406 Inserted vide the Nidhi (Amendment) Rules, 2019 dated 01.07.2019 w.e.f., 15.08.2019. To view the Notification, Click Here .

Inserted vide the Nidhi (Amendment) Rules, 2022 dated 19.04.2022. To view the Notification, Click Here .