Nidhi Companies are not allowed to do micro finance business or to provide unsecured loans to its members. Nidhi Companies are allowed to lend/ accept funds to/ from only to its members, Nidhi can only lend a secured loan to its members

According to Rule 15 of Nidhi Rules, 2014

1. A Nidhi shall provide loans only to its members.

2. The loans given by a Nidhi to a member shall be subject to the following limits, namely:—

a. two lakh rupees, where the total amount of deposits of such Nidhi from its members is less than two crore rupees;

b. seven lakh fifty thousand rupees, where the total amount of deposits of such Nidhi from its members is more than two crore rupees but less than twenty crore rupees;

c. twelve lakh rupees, where the total amount of deposits of such Nidhi from its members is more than twenty crore rupees but less than fifty crore rupees; and

d. fifteen lakh rupees, where the total amount of deposits of such Nidhi from its members is more than fifty crore rupees:

Provided that where a Nidhi has not made profits continuously in the three preceding financial years, it shall not make any fresh loans exceeding fifty per cent of the maximum amounts of loans specified in clauses (a), (b), (c) or (d). Provided further that a member shall not be eligible for any further loan if he has borrowed any earlier loan from the Nidhi and has defaulted in repayment of such loan.

3. For the purposes of sub-rule (2), the amount of deposits shall be calculated on the basis of the last audited annual financial statements.

4. A Nidhi shall give loans to its members only against the following securities, namely:—

 a. GOLD, SILVER AND JEWELLERY: (Provided that the re-payment period of such loan shall not exceed one year.)

b. IMMOVABLE PROPERTY: (Provided that the total loans against immovable property [excluding mortgage loans granted on the security of property by registered mortgage, being a registered mortgage under section 69 of the Transfer of Property Act, 1882 (IV of 1882)] shall not exceed fifty per cent of the overall loan outstanding on the date of approval by the board, the individual loan shall not exceed fifty per cent of the value of property offered as security and the period of repayment of such loan shall not exceed seven years.)

c. FIXED DEPOSIT RECEIPTS, NATIONAL SAVINGS CERTIFICATES, OTHER GOVERNMENT SECURITIES AND INSURANCE POLICIES:

(Provided that such securities duly discharged shall be pledged with Nidhi and the maturity date of such securities shall not fall beyond the loan period or one year whichever is earlier)

(Provided further that in the case of loan against fixed deposits, the period of loan shall not exceed the unexpired period of the fixed deposits.)

Therefore Nidhi are not allowed to do vehicle finance activities, No company can do the business of vehicle finance without the prior registration with the Reserve Bank of India (RBI)  Only Assets finance NBFC’s are allowed to do vehicle finance activities.

Author is a Practicing company secretary in Jaipur, Rajastha, for any Query/ Suggestions/ information please mail me on dpkbhinda@gmail.com

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Category : Company Law (3807)
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Tags : Companies Act (2274) Companies Act 2013 (2047)

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