• Nidhi company registration in India

Nidhi Company in India – It’s Features, Advantages & Disadvantages

NIDHI COMPANY

  • Nidhi company registration in India is governed under section 406 of companies act, 2013. The word “Nidhi” is sometimes used in reference to a treasure/a fund i.e. the company incorporation with the primary objective of creating a habit of savings amongst its members.
  • Companies which are incorporated as Nidhi Company are primarily involved in borrowing & lending to members only. Nidhi Company is a form of Non-Banking Financial Institution (NBFC). Inculcating the habit of savings among its members, Nidhi Company works on the principle of mutual benefit of both the company and its member.
  • Since Nidhi companies are formed under the rules of companies act, 2013 therefore it is not required to take a separate license from Reserve bank of India (RBI), hence it is easy to get Nidhi Company incorporation rather than a bank.

FEATURES OF NIDHI COMPANY

  • Borrowing & Lending to its members: Nidhi Company cannot lend & borrow from outside its member community. Restricting the business area of company also reduces the chances of business collapse.
  • “Nidhi ltd.”: “Nidhi limited” must be added to name of the company incorporation if it is registered as a Nidhi company under companies act, 2013.
  • Share capital: Minimum equity share capital of INR 5 lakh is required for company incorporation as Nidhi Company. Once you have registered it as a Nidhi company, You cannot issue preference shares.
  • No. of members: Atleast 7 members must be there to start a Nidhi company. Out of these 7 members, 3 must be the full time directors of the company.

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ADVANTAGES OF NIDHI COMPANY

  • Nidhi rules, 2014: According to the Nidhi rules as designed for the functioning of a Nidhi company, they are not allowed to deal with the funds of any person other than their members and the powers to impose certain restriction by RBI are limited.
  • Ease of formation: Unlike other NBFCs or scheduled banks, Nidhi Company does not have to obtain a license from RBI. They have to initiate the process of new company registration as a public company with MCA under the Nidhi rules 2014 and they can start the functioning of the company.
  • Channelizing savings: Nidhi Company gives an opportunity to all its members to start the borrowing and lending process once they become member of it. Promoting an environment of savings among a lower and middle section of society. These small sections can now contribute and avail credit from Nidhi companies.
  • Low credit rate: Lower rate of interest on loan which is offered to the members of the Nidhi Company than prevailing market rate. This brings greater confidence amongst the members and boosts the process of savings to the members.
  • Minimal outside intervention: Since Nidhi company offers the borrowing and lending facility for its members only. Therefore, outsider intervention is automatically reduced since an outsider does not actually have a say in the internal matter of the company.
  • Cost effective: Nidhi Company registration is a cost effective affair. Unlike a scheduled bank registration or a private company registration formalities involved in Nidhi company registration are minimal. The minimum capital requirement of Nidhi Company registration is INR 5 lakh where you have the opportunity to invest the capital within the 2 months after the company registration.

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DISADVANTAGES OF NIDHI COMPANY

  • Limited Fund Raising: Fund raising in a Nidhi Company is directly related with the number of members it have because a Nidhi Company can only accept deposits and lend only to its members which limits it source of raising funds. 
  • Limited credit availability: Limited fund with the company raises the concern of limited credit availability which ultimately beats the very purpose for which the Nidhi companies were established.
  • RBI vigilance: Although there are no strict compliances imposed upon the Nidhi company by RBI, still their activities are governed by the Reserve Bank especially their deposit acceptance operations.
  • Other Regulations: The central government issues rules and directions governing Nidhi Companies from time to time. Therefore, they are not totally exempt from the regulatory framework.

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REGISTRATION REQUIREMENTS OF OPENEING A BRANCH OFFICE IN INDIA

REGISTRATION REQUIREMENTS OF OPENING A BRANCH OFFICE IN INDIA

Expansion of your business venture is one of the motives behind opening a branch office. Through branch office in India, foreign companies can conduct full fledge operations in India. However, the branch office is not allowed to carry manufacturing activities unless stated otherwise. There are certain strings attached with the formation of a branch office in India. Foreign companies are allowed to open branch offices in India for the following purpose:

  • Import & Export of goods
  • Consultancy services
  • Research related work
  • Working as a buying/selling agent for the parent company
  • Rendering IT service in India
  • Foreign shipping company
  • Foreign banks

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Registration Requirements

  • The name of an Indian branch office shall be same as the parent company.
  • The branch office doesn’t have any ownership; it is an extension of an existing foreign country.
  • Expenses being met by head office  (In case it does not have the revenue from Indian operations)
  • The parent company must have a profitability record of immediately preceding five years.

Documents Required

As per RBI guidelines, an application needs to be submitted for the branch office by the RBI authorised dealer. Authorised dealer refers to the institutions having the license for the same.

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Following filings needs to be done for registering branch office in India:

  • Form FNC-1
  • Letter from parent company to RBI
  • Letter of authority to setup a branch office in India
  • NOC from the parent company
  • Certificate of incorporation, Articles of association & memorandum of association duly attested by the Indian embassy or notary in country of origin
  • Latest audited accounts statement & balance sheet for past 3 years
  • Name, address, contact info. Of authorised person in home country
  • Expected funding level operations in India
  • Proposed branch office address details
  • Details of activity being carried out in Home country.
  • Bankers certificate
  • Latest identity/address proof of all the directors
  • Organisational structure & its shareholding pattern
  • Complete KYC of shareholders holding more than 10% equity in applicant country
  • Duly signed account application form for Indian Bank.

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POST INCORPORATION REQUIREMENTS

  • Get yourself registered with the income tax authorities and obtain PAN Number
  • GST Registration if applicable
  • Obtain Director Identification Number (DIN)
  • Obtain Tax Identification Number (TAN)

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Cases in which prior approval of RBI is needed

Any application from a person outside India, for establishing their branch office in India shall require prior approval of RBI in following cases:

  1. When registered person/incorporation is from Pakistan
  2. When registered person/incorporation is from Bangladesh, Sri Lanka, Afghanistan, Iran, China, Hong Kong or Macau and the application is for opening a liaison or branch office in Jammu and Kashmir, North East region and Andaman and Nicobar Islands;
  3. Principle business of the applicant is in following sectors; defence, telecom, security or Information & broadcasting
  4. The applicant is a NGO/NPO of a foreign government

Exceptions:

  1. A banking company outside India, if they have obtained approval under banking regulations act, 1949
  2. A banking company outside India, if they have obtained approval under Insurance regulatory & development act, 1999

How Do We Help With Company Registration

Startup Registration In India

PROCEDURE & COST (APPX.) FOR STARTPUP REGISTRATION IN INDIA

With the launch of Startup Registration in India initiative in 2016, the business environment has become more transparent, entrepreneurial & investor-friendly. Now, most of the Startup has an element of innovation in their business idea and offer a unique product/service.

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To encourage this kind of friendly & transparent business environment and to continuously encourage people to bring their ideas into a reality, the government is taking every possible step.

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Following is table represents various application formalities that need to be completed before kick-starting your venture and also the estimated time & cost which needs to be put in.

Company Registration

(Approximate)

S. NO PROCEDURE DEPARTMENT TIME (Days) COST (INR)
1 Apply for Director Identification Number (DIN) Ministry of corporate affairs (MCA) 1 100
2 Obtain online Digital Signature certificate Ministry of corporate affairs (MCA) 3 1500
3 Reserve your Business name Registrar of companies (ROC) 2 500
4 MOA, AOA, Company stamping documents State Treasury or Authorised bank 1 1300
5 Incorporation certificate ROC or MCA 5 *Depending on capital
6 Obtain Permanent Account Number (PAN) NSDL or UTIITSL 7 67
7 Obtain Tax Account Number (TAN) Income Tax Department 7 57
8 Register under office, shops & establishment act Municipal office 2 6500
9 GST Registration Goods & Service Tax (GST) 12 5100
10 Register for Provident fund Employment provident fund organisation 10 N/A
11 Register for Medical Insurance Employment state insurance organisation 9 N/A

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Company Registration

COMPANY REGISTRATION MADE EASY & HASSLE FREE

September 27, 2019: CAONWEB is offering company registration process for just 1999/

CAONWEB is a well-known name in the list of service providers of accounting, tax & compliance. We have happy clientele & satisfied customers. Being one of the early entrants in this segment of online taxation & compliance we understand the difficulties entrepreneurs/businessman face in getting a qualified financial expert within their geographical reach. Therefore we came up with the idea to ease this problem & also to increase the competitiveness in the local market, by providing you the ONLINE SERVICE MARKETPLACE where it is easy for you to choose qualified expert according to your requirement in your area.

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Company Registration can be done online now by just paying Government Fees and Small out of Pocket expenses necessary for your company registration. You can get your Company registered 100% online from anywhere in India. We are here to help you in all your business related issues. We provide Tax & compliance solutions for your business.

DOCUMENTS REQUIRED

  • PAN Card
  • Passport size photograph
  • Aadhar Card
  • Utility Bill/ Bank Statement of the Directors
  • Electricity Bill of the proposed registered office/Rent agreement (Leased property)
  • NOC (Landlord)

DOCUMENTS REQUIRED

  • PAN Card
  • Passport size photograph
  • Aadhar Card
  • Utility Bill/ Bank Statement of the Directors
  • Electricity Bill of the proposed registered office/Rent agreement (Leased property)
  • NOC (Landlord).

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Company registration online?

  1. Acquire Digital Signature Certificate (DSC).
  • Obtain Director Identification Number (DIN).
  1. Application for the approval of name of proposed company.
  • Prepare Memorandum of Association (MOA) & Articles of Association (AOA)
  1. Application for Certificate of incorporation (COI)

Company registration online?

  • Acquire Digital Signature Certificate (DSC).
  • Obtain Director Identification Number (DIN).
  • Application for the approval of name of proposed company.
  • Prepare Memorandum of Association (MOA) & Articles of Association (AOA).
  • Application for Certificate of incorporation (COI)

Related Blog – All you need to know about Company Registration as a startup

CAONWEB provides the verified profiles of Chartered Accountant, Company Secretary, Tax consultants, accountants, business advisors, income tax consultant, trademark consultant, etc. registered on its online directory which bridges the gap between the service provider & you. So, you can get in touch with a financial expert in your area and get your company registration in just 1999/-

CAONWEB, a name that is helping you in finding a reliable professional service of a CA Online, who can help you to achieve your goals. CAONWEB is an online service portal that ensures best quality services of Chartered Accountant, Company Secretary, Tax consultants, accountants, business advisors, income tax consultant, and trademark consultant registered in the online directory. CAONWEB is also providing the customer care service for all your queries & doubts.

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