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        Corp. Laws, SEBI & IBC

        Capital structure of Nidhi Companies

        December 17, 2016

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        Recommendations made by various Expert Groups or Committees on Nidhis related matters were duly examined/considered by the Government while prescribing Nidhi Rules, 2014. As per Nidhi Rules, 2014 issued under section 406 of the Companies Act, 2013, a Nidhi company shall be a public company and shall have a minimum paid up equity share capital of five lakh rupees. Nidhi companies shall not issue preference shares, debentures or any other debt instrument by any name or in any form whatsoever. A Nidhi company shall not admit a body corporate or trust as a member. Further, every Nidhi company shall, within a period of one year from the commencement of Nidhi Rules, 2014, ensure that it has not less than two hundred members and that it has Net Owned Funds of ten lakh rupees or such higher amount as the Central Government may specify.

        This was stated by Shri Arjun Ram Meghwal, Minister of State for Corporate Affairs in written reply to a question in Lok Sabha.

        Capital requirements for Nidhi companies restrict debt issuance and set membership and net-owned-fund thresholds for operation. A Nidhi must be a public company maintaining a minimum paid-up equity share capital, is prohibited from issuing preference shares, debentures or any other debt instrument, and may not admit a body corporate or trust as a member. Within one year of the Rules' commencement each Nidhi must meet a minimum membership threshold and maintain Net Owned Funds at or above the prescribed level or any higher amount specified by the Central Government.
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            Capital requirements for Nidhi companies restrict debt issuance and set membership and net-owned-fund thresholds for operation.

                            A Nidhi must be a public company maintaining a minimum paid-up equity share capital, is prohibited from issuing preference shares, debentures or any other debt instrument, and may not admit a body corporate or trust as a member. Within one year of the Rules' commencement each Nidhi must meet a minimum membership threshold and maintain Net Owned Funds at or above the prescribed level or any higher amount specified by the Central Government.





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                            ActsIncome Tax
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