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MCA Compliance

Nidhi Company Registration Under Section 406 — Complete Guide 2026

VS Vikas Sharma 📅 March 25, 2026 ⏱️ 5 min read 👁️ 1 views

What Is a Nidhi Company?

A Nidhi Company is a unique type of Non-Banking Financial Company (NBFC) that exists for the sole purpose of cultivating the habit of thrift (saving) and lending among its members. It functions like a mutual benefit society — it accepts deposits ONLY from its members and lends ONLY to its members. The name 'Nidhi' literally means 'treasure' in Hindi, reflecting its purpose as a community savings mechanism.

Nidhi companies are concentrated in South India (Tamil Nadu, Kerala, Karnataka, Andhra Pradesh) where they have a long tradition as community-based financial institutions. There are approximately 10,000 Nidhi companies registered in India, though only about 2,000-3,000 are actively operational. They are particularly popular in small towns and semi-urban areas where formal banking penetration is limited.

Key Features That Make Nidhi Unique

1. Members only: Nidhi can ONLY deal with its own members — cannot accept deposits from or lend to non-members. This is the fundamental restriction that distinguishes it from a regular NBFC.

2. RBI exemption: Nidhi companies are exempt from the core provisions of the RBI Act, 1934 (Sections 45-IA, 45-IB, 45-IC) — meaning they do NOT need RBI registration as NBFC, do not need to maintain CRAR (Capital to Risk-Weighted Assets Ratio), and are not inspected by RBI. They are regulated by MCA instead.

3. Public company: Every Nidhi MUST be a public limited company — name must end with 'Nidhi Limited.'

4. No preference shares: Cannot issue preference shares or debentures — only equity shares.

5. No advertising: Cannot advertise for soliciting deposits — relies on word-of-mouth among members.

6. No brokerage: Cannot pay brokerage or commission for mobilizing deposits.

7. No chit fund/hire purchase: Cannot carry on chit fund, hire purchase finance, leasing, or insurance business.

Registration Requirements — Section 406 read with Nidhi Rules, 2014

At Incorporation

(a) Minimum 7 members (shareholders) — as required for any public company

(b) Minimum 3 directors — at least one must be a resident of India

(c) Minimum authorized capital: Rs. 5 lakh

(d) Minimum paid-up equity share capital: Rs. 5 lakh

(e) Company name must include 'Nidhi Limited'

(f) Object clause must include: "cultivating the habit of thrift and savings amongst its members, receiving deposits from, and lending to, its members only, for their mutual benefit"

Within 1 Year of Incorporation — Compliance Milestones

(a) Minimum 200 members — must be achieved within 1 year. If not: apply for extension or face penalty.

(b) Net Owned Funds (NOF): minimum Rs. 10 lakh. NOF = paid-up equity share capital + free reserves - accumulated losses - intangible assets.

(c) NOF to deposits ratio: not less than 1:20 — for every Rs. 1 of NOF, can accept maximum Rs. 20 as deposits.

(d) Unencumbered term deposits: not less than 10% of outstanding deposits as liquid assets (with scheduled bank).

Step-by-Step Registration Process

Step 1: Obtain DSC and DIN for Directors

Same as regular company incorporation — Class 3 DSC for each proposed director, DIN through SPICe+.

Step 2: Reserve Name with 'Nidhi Limited'

Through RUN service or SPICe+ Part A. Name must contain 'Nidhi Limited.' Example: 'Lakshmi Nidhi Limited,' 'Community Savings Nidhi Limited.'

Step 3: File SPICe+ for Incorporation

File as public company. MOA with specific Nidhi objects. AOA with provisions for membership, deposit acceptance, and lending. Minimum 7 subscribers, 3 directors. Authorized capital: minimum Rs. 5 lakh.

Step 4: Post-Incorporation Compliance

(a) Open bank account and receive subscription money

(b) Start enrolling members — target 200 within 1 year

(c) Commence deposit acceptance and lending operations

(d) File NDH-1 (Return of statutory compliance) with ROC within 90 days of incorporation

(e) File NDH-4 (declaration of compliance with Rule 3A) — if company has net owned funds of Rs. 20 lakh+ and 200+ members

Operational Rules — Deposits and Lending

Deposit Acceptance

(a) Accept deposits ONLY from members

(b) Types of deposits: fixed deposit (minimum 6 months, maximum 60 months), recurring deposit, savings deposit (current account not permitted)

(c) Maximum deposit from individual member: Rs. 2 lakh (or 2% of total deposits, whichever is less) for fixed deposit. Savings deposit: maximum Rs. 1 lakh

(d) Interest rate: cannot exceed maximum rate prescribed by RBI for NBFCs (currently 12.5% for deposits up to 12 months, 15% for 12-60 months — check latest RBI circular)

(e) Cannot accept deposits repayable on demand

Lending

(a) Lend ONLY to members

(b) Maximum loan to individual member: Rs. 2 lakh (or 2% of total deposits, whichever is less) for unsecured loan. For secured loan (against gold, property, FD): higher limit — up to Rs. 15 lakh

(c) Interest rate on loans: cannot exceed 7.5% above the highest rate of interest on deposits offered by the Nidhi

(d) Loan purposes: personal needs, housing, education, medical — no business lending (though some Nidhis allow business purposes with property security)

(e) Loan tenure: typically 1-5 years for unsecured, up to 15-20 years for housing loans

Annual Compliance for Nidhi Company

(a) NDH-1: Half-yearly return of statutory compliance (within 30 days of close of each half-year)

(b) NDH-3: Annual return of deposits (if deposits exceed Rs. 20 lakh)

(c) AGM: Within 6 months of FY close (regular public company compliance)

(d) AOC-4 + MGT-7: Regular annual filings with ROC

(e) Statutory audit: Mandatory — auditor must verify deposit and lending compliance

(f) Board meetings: Minimum 4 per year

(g) Income tax: Taxed as regular company (22-25%). Interest paid on deposits: deductible. Interest earned on loans: taxable income.

Nidhi vs Cooperative Society vs Microfinance
Nidhi is preferred over cooperative societies because: (a) regulated by MCA (central), not state cooperative department (varies by state), (b) easier to form across state boundaries, (c) company structure provides better governance framework. Nidhi is different from microfinance institutions (MFIs) because: (a) Nidhi deals only with members (MFI lends to non-members in underserved areas), (b) Nidhi does not need RBI registration (MFI does), (c) Nidhi is member-owned (MFI can be investor-owned). Choose Nidhi for: community-based savings and lending among known members. Choose MFI for: lending to underserved populations at scale.
Disclaimer
This article is for informational purposes only. Consult a qualified professional before acting. TaxClue accepts no liability. Drafts/templates are illustrative only.

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❓ Frequently Asked Questions
How many members does a Nidhi company need?
At incorporation: minimum 7 members (same as any public company). Within 1 year of incorporation: must have minimum 200 members. If 200 members not achieved within 1 year: company must apply for extension to the Regional Director (Form NDH-2). Failure to reach 200 members and failure to apply for extension: company cannot continue as Nidhi and must convert to a regular company or close. Most successful Nidhis reach 200+ members within 3-6 months through community networks.
Can a Nidhi company accept deposits from non-members?
No — this is the fundamental restriction. Nidhi can accept deposits ONLY from its members and lend ONLY to its members. Any person wanting to deposit must first become a member by purchasing equity shares of the company. Acceptance of deposit from non-member is a violation of Nidhi Rules and attracts penalty under Section 406 read with Section 450 (Rs. 25,000 to Rs. 5 lakh). The restriction ensures Nidhi operates as a mutual benefit society — members saving for members.
Does a Nidhi company need RBI registration?
No — Nidhi companies are specifically exempted from the core provisions of RBI Act relating to NBFC registration (Sections 45-IA, 45-IB, 45-IC). They are regulated by MCA through Nidhi Rules, 2014 — not by RBI. However, Nidhi must comply with: interest rate caps prescribed by RBI (applicable to Nidhis through Nidhi Rules), KYC norms, and anti-money laundering provisions. The RBI exemption is what makes Nidhi attractive — avoiding the complex CRAR, NPA, and capital adequacy requirements that regular NBFCs must meet.
What is the maximum deposit a Nidhi company can accept from one member?
Fixed deposit from individual member: maximum Rs. 2 lakh or 2% of total deposits (whichever is LESS). Savings deposit: maximum Rs. 1 lakh per member. Total deposits of the Nidhi cannot exceed 20 times its Net Owned Funds (NOF). So if NOF is Rs. 10 lakh: maximum total deposits = Rs. 2 crore. Interest rate on deposits: cannot exceed the maximum rate prescribed by RBI for NBFCs (check latest notification — typically 12.5-15%).
What is the difference between Nidhi company and a regular NBFC?
Key differences: (1) Nidhi deals ONLY with members; NBFC deals with public. (2) Nidhi does not need RBI registration; NBFC must be registered with RBI. (3) Nidhi cannot advertise for deposits; NBFC can. (4) Nidhi is regulated by MCA; NBFC by RBI. (5) Nidhi has simpler compliance (no CRAR, no NPA norms); NBFC has complex prudential norms. (6) Nidhi must be a public company; NBFC can be any company form. (7) Nidhi is community-based (small towns); NBFC operates commercially at scale. Nidhi is essentially a 'mini bank for members' while NBFC is a full financial services company.

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