Nidhi company is one of the smallest forms of NBFC, which initially operates at the district le...
After registration of a Nidhi company, promotor should know the regulatory requirement about the name of branches is allowed in a district or state. In this article, we will discuss the legal requirement for branch opening by Nidhi company.
Ministry of Corporate Affairs (MCA) in accordance with Section “406” of Companies Act 2013 and Companies (Nidhi Companies) Rules, 2014 regulate the Nidhi Companies.
Nidhi Companies are created for cultivating the habit of saving amongst the members and accept/lend funds only from/to its members and there are separate rules being enforced on Nidhi Companies to safeguard the protection of stakeholder’s interests and to ensure good corporate governance in the business of Nidhi Companies.
Rule 10 of Companies (Nidhi Companies) Rules, 2014 deal with the opening of branches by Nidhi Companies. Nidhi Companies are allowed to open a branch if it complying with the conditions prescribed under the rule 10.
A Nidhi may open branches only if it has earned net profits after tax continuously during the preceding 3 financial years.
A Nidhi may open up to 3 branches within the district, it cannot open any branch outside the district without prior approval of Regional Director.
If a Nidhi proposes to open more than 3 branches within the district or any branch outside the district, it shall obtain the prior permission of the Regional Director and about the opening of every branch within 30 days of such opening, an intimation is to be given to the Registrar.
Outside the State where its registered office is situated, Nidhi Company would not open branches or collection centers or offices or deposit centers, or by whatever name called.
Unless financial statement and the annual return (up to date) are filed with the Registrar, Nidhi Company shall not open any branches or collection centers or offices or deposit centers, or by whatever name called.
Nidhi Company shall not close any of its branches until it complies with the conditions prescribed under rule 10 (6).
At the place where the Nidhi Company carries on business, it shall publish an advertisement in a newspaper in vernacular language at least 30 days prior to such closure for informing the public about such closure.
A copy of such advertisement or a notice informing such closure of the branch will be fixed on the notice board of Nidhi for a period of at least 30 days from the date of which advertisement was published.
Nidhi will intimate Registrar within 30 days of such closure.