(Form for filing application for declaration as Nidhi Company and for updation of status by Nidhi)

Notification: Ministry of corporate affairs had issued Notification dated 01st July 2019. These rules called as Nidhi (Amendment) Rules, 2019 and came into force with effect from 15 August, 2019.

Applicable to-  All Nidhi Companies.

Every Nidhi company which is incorporated before or after the commencement of the Nidhi (Amendment) Rules, 2019 need to file form NDH-4 for application for declaration as Nidhi Company and updation of status by Nidhi Company.

Law(s) governing the e-Form NDH-4

E-Form 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

Applicability of Form NDH-4

Purpose 1- Application for declaration as Nidhi Company:  Every company which is incorporated on or after 28th April 2014 needs to file Form NDH-4 for declaration of status of Nidhi Company. For example if a company incorporated on 29/04/2014 then the form is filed for purpose 1 of the form.

Purpose 2- Application for updation of status by Nidhis: Every company which is incorporated before 28th April 2014 needs to file Form NDH-4 for updation of status by Nidhi Company. For example if a company incorporated on 27/04/2014 then the form is filed for purpose 2 of the form.

(Link to download the form: http://www.mca.gov.in/MinistryV2/companyformsdownload.html)

Due date to file form NDH-4-

1) Company incorporated before commencement of Nidhi (Amendment) Rules, 2019:

Every company which is incorporated before commencement of these rules then due date to file Form NDH-4 is –

i) Within One year from incorporation of the company or

ii) Within a period of 9 months from the date of commencement of these rules

Whichever is later.

Form NDH-4

2) Company incorporated after commencement of Nidhi (Amendment) Rules, 2019:

 Every company which is incorporated after commencement of these rules then due date to file Form NDH-4 is –

Within 60 days from the expiry of-

a) One year from the date of the incorporation of the company or

b) The period up to which extention of time has been granted by the Regional Director under sub rule (3) of Rule 5 (apply for extension in Form NDH-2).

Consequences of Non Filing of Form NDH-4

In case a company does not File Form NDH-4, 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).

Processing Type of Form NDH-4

Non STP Form: The e-Form will be processed by the office of Registrar of Companies

Some basic Information Required to file Form NDH-4

1) Net Owned Fund of the company as on date of application/ updation of status,

2) Total No. of members as on date of application/ updation of status

3) Deposits Outstanding

4) Unencumbered term deposits

5) of Branches

Attachments for Filing Form NDH-4

For Application for declaration as Nidhi Company:

1) Copy of resolution of the board of directors in support of the proposal of the company

2) Certificate signed by two directors regarding the number of members as on date of application (membership should not be less than 200)

3) Certificate from the auditors of the company to the effect that the company has complied with the Nidhi Rules, 2014

For Application for updation of status by Nidhis:

1) Copy of notification through which company was declared Nidhi under the Companies Act, 1956 or previous company law (where applicable);

Date of Application –

Company incorporated before commencement of these rules-

a) 15/05/2020 when count 9 months from commencement of business,

b) Or within one year from incorporation of the company for ex. Incorporation date- 10/08/2019 then one year completed on 09/08/2019

Application date is whichever is later i.e. 09/08/2019.

Company incorporated after commencement of these rules-

For ex. Incorporation date is 11/02/2020 the application date is 10/04/2021.

*Before filing this form every company should make sure that all other compliances are done.

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