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Nidhi Company Annual Compliance

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Nidhi Company Annual compliance

A Nidhi Company is a type of NBFC (Non-Banking Financial Company). It is also known as Mutual Benefit Finance Company. Nidhi Company is an ideal choice for people who want to operate a lending business with low funds investment.

Like every other form of Company, Nidhi Company needs to file the required Nidhi Company Annual compliance. The statutory compliance for Nidhi Companies is mentioned in the Nidhi Rules 2014 and The Companies Act 2013.

Requirement of Compliances

Compliances are necessary to generate accurate insights about the working and performance of the Company.

Every Company registered under The Companies Act 2013 is required to file the prescribed compliances.

Additionally, Nidhi Company is a public company. To safeguard the interest of stakeholders it is mandatory to follow the compliances.

Compliances can be divided into two categories for NIdhi Company organization in India. There are one-time compliances and annual compliances.

One-Time Compliances for Nidhi Company

One-time compliances are those that are required to file only once at the time of registration of business entity. Additionally, these compliances also denote any changes in Company that are non-periodical.

These compliances are non-reoccurring in nature. They are not required to file repeatedly.

List of one-time compliances for Nidhi Company

  • Any change in the name of the Company
  • Filing /Any change in the address of the registered office
  • Filing /Any amendment in Objects of the Company
  • Any change in the capital structure of the Company
  • Appointment of Director
  • Appointment of Auditor
  • Resignation of Director
  • Resignation of Auditor

Annual Compliances for Nidhi Company

Annual compliances, unlike one-time compliances, are periodical in nature. These need to be filed after regular intervals of time. Most of these are presented annually.

These compliances report about the status and performance of Nidhi Company during a period.

A Nidhi Company has to meet compliances prescribed in the Companies Act 2013 as well as in Nidhi Rules 2014.

List of annual compliances for Nidhi Company

  • NDH 1

    The Nidhi Companies are required to file NDH-1 accompanied by the prescribed fees. Additionally, it must be duly certified by the company secretary or chartered accountant or cost accountant in practice.

    This return has to be filled within 90 days, counting from the end date of the first or second financial year (Whichever Applicable) after the incorporation stage.

  • NDH 2

    The Nidhi Companies are required to file form NDH-2 along with prescribed fees. This form is submitted with the Regional Director to request for extension of time as in case of failure to meet the following compliances:

    1. Inability to add 200 members in a financial year

    2. Failure to maintain the net owned funds to deposit ratio of 1:20

    Regional Director can accept and pass orders within 30 days counting from the date of receipt of application.

  • NDH -3

    NDH 3 is a half-yearly return to be filed by a Nidhi Company.

  • Maintenance of Books of Accounts

    Every Nidhi company needs to ensure timely maintenance of books of accounts.

  • Maintain Statutory Registers

    Maintenance of statutory registers as per the Companies Act 2013 is one of the mandatory compliances for a Nidhi company.

  • Convene Statutory Meetings

    It is mandatory for every Nidhi Company to conduct meeting of Board of Directors and meeting of Shareholders.

  • Preparation of Financial Statements

    The Nidhi Company has to prepare financial statements. Financial statements comprise Profit & Loss Account, Balance Sheet and Cash Flow Statement.

  • Income Tax Returns

    It is mandatory for a Nidhi Company to file annual income tax returns by 30th September of the next financial year.

  • Financial Statement Returns Filing (AOC-4 )

    The form AOC-4 is filled with details of the financial statements of the Company. This form is supported by other documents that are prescribed to upload along with this form.

  • Annual Return Filing (MGT-7 -ROC Annual Returns)

    It is obligatory for a Nidhi Bank to file an annual return with the Ministry of Corporate Affairs (MCA) through Form MGT-7.

Penalties

Filing compliances on time is mandatory for every Nidhi company. Not meeting the same can attract penalty for the Nidhi Bank Operators.

If the Company fails to meet the compliance, the entity and concerned officers will be fined up to the extent of Rs 5000.

In case the infringement continues, the further fine will be Rs 500 every day.

Therefore, it is crucial to take compliance maintenance services from industry expert professionals.

Important Dates

In order to avoid penalties, one should file compliances on time. The following are the due dates for filing compliance for a Nidhi Company.

COMPLIANCE

DUE DATE

AGM (Annual General Meeting)

30 th September

AOC-4

Within 30 days of AGM

MGT-7

Within 60 days of AGM

NDH 1

Within 90 Days of Financial Year

NDH 3

Half Yearly

Income Tax Return

30th September

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