Annual Compliance Checklist for Startups & Private Limited Company
Sticking to the Compliances that have been put up by the government is very important to adhere to. The Annual Compliance for Startups helps to ensure that
Sticking to the Compliances that have been put up by the government is very important to adhere to. The Annual Compliance for Startups helps to ensure that
Annual Compliance for Startups – A business that operates as a private limited company must adhere to all the variety of regulations set forth by
Annual Compliances for Private Limited Company – A private company is a legal entity with its own identity that must keep its active status by
Construction industry is one of the top industries for the start-ups as in however it is also having one of the highest rates of failure.
LLP (Limited Liability Partnership) is a partnership firm that has all the features just like a ‘company’. It is just like a partnership firm in
If you want to start a canteen business, you’ve come to the perfect place. In this article, we’ll elaborate that how to start a canteen
In recent times, starting a business in India has enhanced and has become better notably. In the meantime, the government has also helped the small
Nidhi company is a type of NBFC, Incorporated as a Public Limited Company and should have NIDHI LIMITED as a suffix of the Name. Nidhi Companies are different from NBFC and Public Limited Company incorporated with a sole object of borrowing and lending money to its members for mutual benefits.
Nidhi Company does require the license from Reserve Bank of India (RBI) to operate; and not regulated by RBI as compared to NBFC but need to follow some guidelines issued by RBI time to time for accepting deposits.
Generally group of person operate a Nidhi Company to promote the habit of saving and helping the group member.
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Ease of incorporation:- It is easier to commence business in the NBFC sector as a Nidhi Company. A Nidhi company requires a paid-up equity share capital of 5 lakhs to begin with while an NBFC requires a net worth of 2 crores. Therefore it is easy to set up a Nidhi Company.
Ease of doing business:- A Nidhi Company elects 3 out of the minimum seven members as directors. Due to the small size of such companies and also their management is fairly easy.
Easier to obtain loans:- The members can get loans at lower rates as compared to the market and at the same time involve themselves with less formalities. The members can get higher returns on their savings as well.
Less paperwork and compliance:- The RBI gives exemptions to them on matters relating to yearly compliance and tax assessments. It gets registered in a short span of time ranging from a few days to a maximum of a few weeks. It is the only form of a loan company that does not require a license from the RBI.
Basic Preliminary formalities:- It can be started with a minimum of 7 members and a minimum paid up share capital of Rs. 5 lakh which needs to be extended to Minimum of 200 members and capital of Rs. 10 lakh within 1 year of incorporation. Further, the capital can be invested within six months of registration. It also does not require a license from the RBI as mentioned above and also there is no maximum cap limit on number of members.
No outsider interference:- When compared with other financial institutions or other companies of similar nature, Nidhi companies fare better. These companies are both owned as well as managed by their members. Hence, these are effectively managed. They have little to no interference from the RBI and absolutely no intervention from outsiders.
Community growth:- Since the lending and borrowing occurs within the members of the company, this promotes the community by adding to the wealth of its members as well as funding their business development, personal needs etc.
Low risk of non-payment of loans:- Since these societies function on trust, the risk of defaulting by the members is very low. Additionally, there is a collateral attached to the loaned amount hence the loans are secured. A member can take loans on the basis of the amount deposited in the company. This is the concept of Net owned funds and we discuss this point below as well as under the Guidelines – After incorporation.
S. No. | Basis | NBFC | Nidhi Company |
---|---|---|---|
1. | Governance | Governed by Indian Banking Regulation Act, 1934 | Governed by Companies Act, 2013 |
2. | Capital requirement | Rs. 2,00,00,000 /- Minimum | Rs. 5,00,000/- Minimum |
3. | Compliances | Compliance issued By RBI to be followed | Less Compliances in comparison to NBFC |
4. | Restrictions | No Such Restrictions | Nidhi Company cannot do business of chit funds, hire purchase finance, lease finance, insurance or acquisition of securities issued by the Body Corporate. |
5. | Dealing | Can deal with general public | Can only deal with its Members |
Nidhi Company is a Company which carries on the business of accepting deposits and lending the same on demand. Nidhi Company is similar to NBFC but the only basic difference between the two is that Nidhi Companies accept deposits only from its members. The main aim of these companies is to work for the mutual benefit of its members. These companies are not entitled to carry on the business of Hire Purchase Financing, Insurance, Chit Funds and Acquisition of securities or Issue of any Debt Instruments.
Yes, the Deposits with such companies are safe and secure because the Ministry of Corporate Affairs and Reserve Bank of India has framed rules and regulations to ensure the safety and security of Deposits. And the Nidhi Company compulsorily abide by the rules of Central Government.
The Nidhi Company uses the funds in lending to shareholders as per Nidhi Rules. It lends such money in the form of small loan for business and finance.
Any person who is above 18 years of age as per the standard age proof can become a member of the Nidhi Companies. The person desirous of becoming a member should have valid ID Proof and Address Proof.
A minor shall not be admitted as a member in a Nidhi company, But deposits may be accepted in the name of minor, if they are made by natural or legal guardian who is a member of the respective Nidhi.
Nidhi can provide loans to its members only after the members have given/ provided some securities like gold, silver jewelry or any type of financial securities against the loan.
The principle of mutual benefit has been to pool the savings from members and lend only to members and never have dealing with Nonmembers.
Nidhi are not expected to engage themselves in the business of Chit Fund, hire purchase, insurance or in any other business including investments in shares or debentures.
Nidhi shall not issue preference shares.
Every Nidhi shall, within a period of one year from the commencement of these rules, ensure that it has not less than two hundred members;
The Director shall be a member of Nidhi. Therefore, it is mandatory for director of Nidhi Company to hold shares.
The Director of a Nidhi shall hold office for a term up to ten consecutive years on the Board of Nidhi. The Director shall be eligible for re-appointment only after the expiration of two years of ceasing to be a Director.
Every Nidhi shall allot to each deposit holder at least a minimum of ten equity shares or shares equivalent to one hundred rupees.
A Nidhi shall not accept deposits exceeding twenty times of its Net Owned Funds (NOF) as per its last audited financial statements.
A Nidhi shall not accept deposits exceeding twenty times of its Net Owned Funds (NOF) as per its last audited financial statements.
A Nidhi shall not declare dividend exceeding twenty five per cent or such higher amount as may be specifically approved by the Regional Director for reasons to be recorded in writing.
Sticking to the Compliances that have been put up by the government is very important to adhere to. The Annual Compliance for Startups helps to ensure that
Annual Compliance for Startups – A business that operates as a private limited company must adhere to all the variety of regulations set forth by
Annual Compliances for Private Limited Company – A private company is a legal entity with its own identity that must keep its active status by
Construction industry is one of the top industries for the start-ups as in however it is also having one of the highest rates of failure.
LLP (Limited Liability Partnership) is a partnership firm that has all the features just like a ‘company’. It is just like a partnership firm in