Nidhi Company

What is MoA for Nidhi Company Registration?

calendar22 Feb, 2023
timeReading Time: 5 Minutes
What is MoA for Nidhi Company Registration?

Nidhi companies allow individuals to pool their resources and lend them to other members who are in need of money. This promotes the practice of saving among members while also giving them the option to earn interest on their deposits. Nidhi companies also provide credit to people who do no access to standard banking services or do not qualify for loans from traditional banks. Nidhi companies encourage savings, credit and financial inclusion, all of which are important for the country’s economic progress. In this blog, we will discuss MoA for Nidhi Company Registration.

Memorandum of Association – Meaning

Before we discuss MoA for Nidhi Company Registration, lets discuss the meaning of MoA and Nidhi Company. A Memorandum of Association (MoA) is a legal document that serves as a company’s charter and outlines the company’s interaction with the outside world. It includes essential information about a corporation, such as its name, registration office, aims and powers. A Memorandum of Association (MoA) also specifies the company’s authorized share capital and how it will be split into shares. 

A Memorandum of Association (MoA) is a vital document that must be submitted to the Registrar of Companies (ROC) at the time of the company’s establishment. It defines the scope of the company’s operations as well as its authority. A Memorandum of Association (MoA) also includes the names of the company’s initial subscribers and the quantity of shares that each subscriber has committed to accept. This document is open to the public and may be seen by anyone who desires to.

A Memorandum of Association[1] (MoA) plays important in the registration procedure for Nidhi Companies since it specifies the company’s principal aim, which is to encourage savings and mutual lending among its members and to give financial aid solely to its members. It also specifies the company’s authorized share capital and how it will distribute.

Nidhi Company – Meaning

A Nidhi company is a non-banking financing company formed under the Companies Act. 2013. These organizations are also known as mutual benefit societies. These companies exist to encourage saving and mutual lending among their members. They usually operate on a limited scale and can only take deposits and lend money to their members. Nidhi companies are not permitted to take public deposits and can only accept deposits from their members.

The primary goal of Nidhi businesses is to give financial help to its members exclusively in the form of loans and advances, as well as to mobilize its members’ funds. They often provide attractive interest rates to their members, which are frequently lower than those offered by regular banks. Members of Nidhi enterprises may also receive interest on their savings, which is a valuable benefit for individuals who do not have access to regular banking services.

Nidhi firms are also crucial in fostering financial inclusion in the country. They provide financial services to low-income clients who may need access to official banking services. This is especially essential in rural regions where financial services are scarce. Nidhi firms can provide an alternative to informal lending methods, which can be exploitative and include exorbitant interest rates.

Furthermore, Nidhi firms have a social obligation to their members, and they might give education, healthcare, and other advantages to them. Furthermore, Nidhi firms are governed by the Ministry of Corporate Affairs (MCA). They are obliged to follow a variety of rules, including filing yearly reports, maintaining a minimum net-owned fund, and reporting financial statements to the ROC.

Essential conditions for Incorporation of Nidhi Company

  1. Minimum number of members: A Nidhi Company must have a minimum of 200 members at the time of incorporation and a minimum of 7 directors.
  2. Name: The name of the Nidhi Company must end with “Nidhi Limited” and should not be similar to any existing company or trademark.
  3. Share capital: The authorized share capital of a Nidhi company should not be less than INR 5 Lakhs.
  4. Objectives: The main objective of a Nidhi company should be to encourage savings and mutual lending among its members and to provide financial assistance to its members only.
  5. Registered office: The Nidhi Company must have a registered office in India.
  6. Incorporation documents: The Nidhi Company must file the necessary incorporation documents, such as the Memorandum of Association or MoA for Nidhi Company Registration and Articles of Association (AoA) with the Registrar of Companies (ROC).
  7. Compliance with laws: The Nidhi Company must comply with all laws and regulations in force, explicitly mentioning the Nidhi rules and regulations.
  8. Nidhi Company Agreement: Nidhi Company should have a Nidhi company Agreement executed between the depositors and the company.
  9. Minimum Net Owned Fund: Nidhi Company should have a minimum net own fund of INR 20 Lakhs.
  10. Compliance with Nidhi rules: The Nidhi company must comply with the guidelines and rules laid down by the Ministry of Corporate Affairs and the Reserve Bank of India (RBI) regarding Nidhi companies

Contents of MoA for Nidhi Company Registration

A Memorandum of Association or MoA for Nidhi Company Registration typically comprises the following information:

  1. Name of the company: The name of the Nidhi firm, as it is registered with the Registrar of Companies (ROC), must be stated in the Memorandum of Association (MoA).
  2. Registered office: The address of the company’s registered office, where all formal correspondence will be sent, must be included in the Memorandum of Association (MoA).
  3. Objective: The primary goal of the Nidhi firm, which is to encourage savings and mutual lending among its members and to give financial support solely to its members, must be specified in the MoA.
  4. Authorized share capital: The Memorandum of Association (MoA) must mention the company’s authorized share capital and how it will be split into shares.
  5. Initial subscribers: The names of the initial subscribers, who are the company’s first members, as well as the quantity of shares that each subscriber has decided to take, must be included in the MoA.
  6. Members’ responsibility: The MoA must define whether the liability of business members is restricted or limitless.
  7. Company powers: The MoA must incorporate the Nidhi Company’s capabilities, such as the ability to borrow money, invest capital, and engage in contracts.
  8. Prohibitions: The MoA must specify any limitations on the Nidhi Company’s capabilities, such as restrictions on accepting public deposits.
  9. Changes: The MoA must indicate the mechanism for changing the memoranda as well as the quorum necessary to adopt such resolutions.
  10. Compliance with legislation: The MoA must state that the Nidhi Company will follow all applicable laws and regulations, including Nidhi rules and regulations.

Required Documents for the Incorporation of Nidhi Company

  • Directors Identification Number (DIN)
  • Utility bills (electricity bill or water bill, or landlines) that are not more than two months old.
  • No Objection Certificate of the owner
  • PAN Card
  • Identification Documents and address proofs of directors and all the members
  • Memorandum of Association (MoA)
  • Articles of Association (AoA)

After all the necessary documents and other requirements are fulfilled, if the registry is satisfied with the application, then a Certificate of Incorporation is issued. After which, we can apply for the PAN (Permanent Account Number) and Tax Deduction, and Collection Account Number (TAN).

Conclusion

Finally, the Memorandum of Association or MoA for Nidhi Company Registration is an essential document for the formation of a Nidhi firm. It contains information on the company’s name, registered office, aims, authorized share capital, and founding subscribers. It also describes the members’ liabilities, the company’s powers and any limitations on those rights, as well as the method for changing the memorandum. The MOA for Nidhi Company Registration is a legal necessity for the formation of a Nidhi firm and serves as a blueprint for the company’s activities. It also serves as a resource for the company’s stakeholders, which include shareholders, workers, and regulators. The Nidhi Corporation must follow all laws and regulations, including the Nidhi rules and regulations. The MOA for Nidhi Company Registration is a binding agreement that establishes the framework for a Nidhi company’s seamless operation.

Also Read:
What Is Nidhi Company? Know It’s Registration Procedure
Why You Should Start A Nidhi Company In India?
Nidhi Company Incorporation: A Step By Step Approach

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