eForm NDH-4 | Application for declaration as Nidhi Company and for updation of status by Nidhis
Part I – Law(s) Governing the eForm NDH-4
Rule Number(s)
eForm NDH-4 is required to be filed pursuant to section 406 of Companies Act, 2013 and rule 3A, 23A and 23B of Nidhi Rules, 2014 which are reproduced for your reference.
406. (1) In this section, “Nidhi” or “Mutual Benefit Society” means a company which the Central Government may, by notification in the Official Gazette, declare to be a Nidhi or Mutual Benefit Society, as the case may be.
(2) The Central Government may, by notification in the Official Gazette, direct that any of the provisions of this Act specified in the notification—
(a) shall not apply to any Nidhi or Mutual Benefit Society; or
(b) shall apply to any Nidhi or Mutual Benefit Society with such exceptions, modifications and adaptations as may be specified in the notification.
(3) A copy of every notification proposed to be issued under sub-section (2), shall be laid in draft before each House of Parliament, while it is in session, for a total period of thirty days, and if, both Houses agree in disapproving the issue of notification or both Houses agree in making any modification in the notification, the notification shall not be issued or, as the case may be, shall be issued only in such modified form as may be agreed upon by both the Houses
(4) In reckoning any such period of thirty days as is referred to in sub-section (3), no account shall be taken of any period during which the House referred to in sub-section (3) is prorogued or adjourned for more than four consecutive days
(5) The copies of every notification issued under this section shall, as soon as may be after it has been issued, be laid before each House of Parliament.]
3A. Declaration of Nidhis –
The Central Government, on receipt of application (in.Form NDH-4 along with fee thereon) of a public company for declaring it as Nidhi and on being satisfied that the company meets the requirements under these rules, shall notify the company as a Nidhi in the official Gazette:
Provided that a Nidhi incorporated under the Act on or after the commencement of the Nidhi (Amendment) Rules, 2019 shall file Form NDH-4 within sixty days from the date of expiry of :-
(a) one year from the date of its incorporation or
(b) the period up to which extension of time has been granted by the Regional Director under sub-rule (3) of rule 5:
Provided further that nothing in the first proviso shall prevent a Nidhi from filing Form NDH-4 before the period referred therein:
Provided also that that in case a company does not comply with the requirements of this rule, it shall not be allowed to file Form No. SH-7 (Notice to Registrar of any alteration of share capital) and Form PAS-3 (Return of Allotment).]
23A. Compliance with rule 3A by certain Nidhis :-
Every company referred to in clause (b) of rule 2 and every Nidhi incorporated under the Act, before the commencement of Nidhi (Amendment) Rules, 2019, shall also get itself declared as such in accordance with rule 3A within a period of one year from the date of its incorporation or within a period of six months from the date of commencement of Nidhi (Amendment) Rules, 2019, whichever is later:
Provided that in case a company does not comply with the requirements of this rule, it shall not be allowed to file Form No. SH-7 (Notice to Registrar of any alteration of share capital) and Form PAS-3 (Return of Allotment).]
23B. Companies declared as Nidhis under previous company law to file Form NDH-4:–
Every company referred in clause (a) of rule 2 shall file Form NDH-4 along with fees as per the Companies (Registration Offices and Fees) Rules, 2014 for updating its status:
Provided that no fees shall be charged under this rule for filing Form NDH-4, in case it is filed within six month of the commencement of Nidhi (Amendment) Rules, 2019:
Provided further that, in case a company does not comply with the requirements of this rule, it shall not be allowed to file Form No. SH-7 (Notice to Registrar of any alteration of share capital) and Form PAS-3 (Return of Allotrnent).]
Purpose of the eForm
Application Form for filing application for declaration as Nidhi Company or updation of status by Nidhis.
eForm Number as per Companies Act, 1956
Part II – Instructions to fill the eForm NDH-4
Specific Instructions to fill the eForm NDH-4 at Field Level
Instructions to fill the eForm are tabulated below at field level. Only important fields that require detailed instructions to be filled in eForm are explained. Self-explanatory fields are not discussed.
| S. No/
Section Name |
Field Name | Instructions | |
| This form is for | Select the purpose of form:
– Application for declaration as Nidhi Company – Application for updation of status by Nidhis Note: Purpose 2 can be selected only if company incorporation date is prior to 28th April 2014 and Purpose 1 can be selected for the companies with incorporation date on or after 28th April 2014. |
||
| 1 | a | Corporate Identity Number (CIN) | Enter the Valid CIN of the Public Limited company. You may find CIN by entering existing registration number or name of the company on the MCA website.(www.mca.gov.in ) |
| Also the Company should be in Active status. Please check the status in Master data of the company available at MCA site. | |||
| 2 | Pre-fill button | Click the Pre-fill button. On clicking the button, system shall automatically display the name, registered office address or principal place of business in India, phone, fax and email id of the company.
In case there is any change in the email ID, you can enter the new valid email ID. |
|
| 3 | Equity paid-up capital | Enter the paid up capital of the company | |
| 4 | Number of members as on date of application/ updation of status | Enter the number of members in company as on date of application/ updation of status | |
| 5 | Do the objects of the company as per its memorandum and article of association cover only | Select the Radio button: Yes/No if objects of the company as per its memorandum and article of | |
| those activities permitted for approved nidhi
companies |
association cover only those activities permitted for approved nidhi companies If No is selected, then provide details of any activities in the memorandum of association (MoA) not permitted by Nidhi Rules, 2014. | ||
| 7 | a | Whether the company has carried out any
financial dealings with any person other than its members. |
Select the radio button: Yes/No, if the company has carried out any financial dealings with any person other than its members.
Provide details if Yes is selected. |
| 8 | Whether the company has complied with the Nidhi Rules, 2014 | Select radio button: Yes/No
Provide the reason in details if No is selected in this field. |
|
| 9 | a | Number of branches opened by the company and places where opened along with dates of opening | Enter the Number of branches opened by the company and places where opened along with dates of opening
This number shall be equal to or greater than zero. In case number entered is greater than zero, same number of rows shall be regenerated in field 9(b) based on the number entered. |
| b | Details of branches | Enter the details of the branches including Name of Branch, Place and Date of opening
This section will be mandatory to enter if number of branches entered in above field is greater than zero. |
|
| 10 | The ratio of net owned funds to deposits accepted | Enter the ratio of net owned funds to deposits accepted | |
| 11 | Is the ratio of loan on immovable property within the prescribed
limit |
Select the radio button: Yes/No | |
| To be digitally signed by | Declaration | Enter the date of board resolution authorizing the signatory to sign and submit the eForm.
|
|
| DSC | Ensure the eForm is digitally signed by the Director, Managing Director, Manager, CEO, CFO or Company Secretary.
The person should have registered his DSC with MCA by using the following link (www.mca.gov.in). If not already register, then please register before signing this form. Disqualified director should not be able to sign the form. |
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| DIN or Income-tax PAN or Membership number | In case the person digitally signing the eForm is a Director – Enter the approved DIN.
|
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| Certificate by practicing professional | This eform needs to be verified by a practicing professional. Enter the details of the practicing professional and attach the digital signature. | ||
| Attachments | Mandatory Attachments:
|
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Common Instructions to fill eForm
| Buttons | Particulars |
| Pre-Fill
|
The Pre-fill button can appear more than once in an eForm. The button appears next to a field that can be automatically filled using the MCA database.
Click this button to populate the field. Note: You are required to be connected to the Internet to use the Pre-fill functionality. |
| Attach
|
Click this document to browse and select a document that needs to be attached to the eForm. All the attachments should be scanned in pdf format. You have to click the attach button corresponding to the document you are making an attachment.
In case you wish to attach any other document, please click the optional attach button. |
| Remove Attachment
|
You can view the attachments added to the eForm in the List of attachment field.
To remove any attachment from the eForm, select the attachment in the List of attachment field and click the Remove attachment button. |
| Check Form
|
1. Click the Check Form button after, filling the eForm. System performs form level validation like checking if all mandatory fields
are filled. System displays the errors and provides you an opportunity to correct errors. 2. Correct the highlighted errors. 3. Click the Check Form button again and. system will perform form level validation once again. On successful validations, a message is displayed “Form level pre scrutiny is successful”. Note: The Check Form functionality does not require Internet connectivity. |
| Modify
|
The Modify button is enabled, after you have checked the eForm using the Check Form button.
To make changes to the filled and checked form: 1. Click the Modify button. 2. Make the changes to the filled eForm. 3. Click the Check Form button to check the eForm again. |
| Pre scrutiny
|
1. After checking the eForm, click the Prescrutiny button. System performs some checks and displays errors, if any.
2. Correct the errors. 3. Click the Prescrutiny button again. If there are no errors, a message is displayed “No errors found.” The Prescrutiny functionality requires Internet Connectivity. Please attach signatures before clicking on Prescrutiny. |
| Submit | This button is disabled at present. |
Part III – Important Points for Successful Submission of eForm NDH-4
Fee Rules
| S. No | Purpose of the form | Normal Fee | Addi-tional Fee (Delay Fee) | Logic for Additional Fees | Re-marks | |
| Event Date | Time
limit(days) for filing |
|||||
| 1. | Application for declaration as Nidhi Company[N idhi incorporated under Companies Act, 2013 before the commence ment of Nidhi(Amen dment) Rules, 2019 | The Companies (Registration Offices and Fees) Rules, 2014- Annexure A | The Companies (Registration Offices and Fees) Rules, 2014-Annexure A | Date of its incorporation or date of commencement of Nidhi (Amendment) Rules, 2019. | one year from the date of
incorporation or 6 months from the date of notification whichever is later. |
|
| 2. | Application for declaration as Nidhi Company[N | The Companies (Registration Offices and Fees) Rules, | The Companies (Registration Offices and Fees) Rules, 2014-Annexure A | One year from the date of incorporation plus 60 days | 60 days from
the expiry of one year from the date of incorporation. |
|
| idhi incorporated under Companies Act, 2013 on or after the commence ment of Nidhi(Amen dment) Rules, 2019 | 2014-
Annexure A |
|||||
| 3. | Application for updation of status by Nidhis. | The Companies (Registration Offices and Fees) Rules, 2014- Annexure A | The Companies (Registration
Offices and Fees) Rules, 2014-Annexure A |
six months from the
commencement of Nidhi |
6 months
from the date of notification |
|
Fees payable is subject to changes in pursuance of the Act or any rule or regulation made or notification issued thereunder.
Processing Type
The eForm will be processed by the office of Registrar of Companies (Non STP).
SRN Generation
On successful submission of the eForm NDH-4, SRN will be generated and shown to the user which will be used for future correspondence with MCA.
Challan Generation
On successful submission of the eForm NDH-4, challan will be generated depicting the details of the fees paid by the user to the Ministry. It is the acknowledgement to the user that the eForm has been filed.
When an eForm is approved/rejected by the authority concerned, an acknowledgement of the same is sent to the user in the form of an email at the end of the day to the email id of the company.
In case existing CIN does not contain PLN as ownership code (13th to15th character in CIN), New Certificate of Incorporation will be generated and sent to the company’s email-id
Annexure A
The Companies (Registration of offices and Fees) Rules, 2014
Fee for filing e-Forms or documents in case of company have share capital
| Nominal Share Capital | Fee applicable |
| Less than 1,00,000 | Rupees 200 per document |
| 1,00,000 to 4,99,999 | Rupees 300 per document |
| 5,00,000 to 24,99,999 | Rupees 400 per document |
| 25,00,000 to 99,99,999 | Rupees 500 per document |
| 1,00,00,000 or more | Rupees 600 per document |
Additional fee rules
| Period of delays | All forms |
| Up to 30 days | 2 times of normal fees |
| More than 30 days and up to 60 days | 4 times of normal fees |
| More than 60 days and up to 90 days | 6 times of normal fees |
| More than 90 days and up to 180 days | 10 times of normal fees |
| More than 180 days | 12 times of normal fees |
