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5 Requirements for Minimum Number of Members, Net Owned Fund etc (1) Every Nidhi shall, within a period of one year 1[from the date of its incorporation], ensure that it has- (a) not less than two hundred members; (b) Net Owned Funds of ten lakh rupees or more; (c) unencumbered term deposits of not less than ten per cent. of the outstanding deposits as specified in rule 14; and (d) ratio of Net Owned Funds to deposits of not more than 1:20. (2) Within ninety days from the close of the first financial year after its incorporation and where applicable, the second financial year, Nidhi shall file a return of statutory compliances in 4[Form NDH-1] along with such fee as provided in Companies (Registration Offices and Fees) Rules, 2014 with the Registrar duly certified by a company secretary in practice or a chartered accountant in practice or a cost accountant in practice. (3) If a Nidhi is not complying with clauses (a) or (d) of sub-rule (1) above, it shall within thirty days from the close of the first financial year, apply to the Regional Director in 4[Form NDH-2 ]along with fee specified in Companies (Registration Offices and Fees) Rules, 2014 for extension of time and the Regional Director may consider the application and pass orders within thirty days of receipt of the application. 2[Provided that the Regional Director may extend the period upto one year from the date of receipt of application.] Explanation.- For the purpose of this rule “Regional Director” means the person appointed by the Central Government in the Ministry of Corporate Affairs as a Regional Director; (4) If the failure to comply with sub-rule (1) of this rule extends beyond the second financial year, Nidhi shall not accept any further deposits from the commencement of the second financial year till it complies with the provisions contained in sub-rule (1) 3[and gets itself declared under sub-section (1) of section 406], besides being liable for penal consequences as provided in the Act. 5[“ (5) The provisions of this rule shall not be applicable for the companies incorporated as Nidhi on or after the commencement of the Nidhi (Amendment) Rules, 2022”] Amendment 1. Substituted by Nidhi (Amendment) Rules 2019 Amendment Effective from 15th August 2019. In sub-rule (1) for the words, from the commencement of these rules the following shall be substituted namely, from the date of its incorporation. 2. Inserted by Nidhi (Amendment) Rules 2019 Amendment Effective from 15th August 2019. 3. Inserted by Nidhi (Amendment) Rules 2019 Amendment Effective from 15th August 2019. 4. Substituted by the Nidhi (Amendment) Rules,2020. Amendment Effective from 10th February, 2020. in rule 5 following Forms shall be substituted namely, Form NDH -1, Form NDH -2 substituted by following Forms; Form NDH -1, NDH -2. 5. Inserted by Nidhi (Amendment) Rules, 2022 dated 19th April, 2022
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