Nidhi Company Registration
Contact details for Nidhi Company Registration:
Email: [email protected]
Mobile: 9971782649
Lets understand what is a Company ?
In general understanding, a company is an organisation selling goods or services in order to make profits.
So what does an organisation mean then ?
An organisation is basically a group of people who joins together to work towards a goal.
Now a Company is a general term but different countries and different laws defines them for some specific purpose. In India, Companies Act, 2013 defines a Company as follows:
As per section 2 subsection 20 of Companies Act 2013, company means a company incorporated under this Act or under any previous company law (i.e Companies Act, 1956).
Meaning ?
Well it simply means that an organisation (i.e a group of people) registered under Companies Act is know as Company.
Now lets understand what are some types of Companies that can be registered in India under Companies Act, we will see what are the documents required for Company registration in India. Then we will dwell upon the process of company registration as well.
Types of Companies in India
What type of company to be registered and incorporated depends on the answer to only two questions i.e What is the nature of business and what is the vision of the entrepreneur
Private Limited Company Registration
- As per Section 2(68) of Companies Act 2013
―private company registration means means registering a company having a minimum paid-up share capital 1 *** as may be prescribed, and which by its articles,—
(i) restricts the right to transfer its shares;
(ii) except in case of One Person Company, limits the number of its members to two hundredProvided that where two or more persons hold one or more shares in a company jointly, they shall, for the purposes of this clause, be treated as a single member:Provided further that—
(A) persons who are in the employment of the company; and
(B) persons who, having been formerly in the employment of the company, were members of the company while in that employment and have continued to be members after the employment ceased, shall not be included in the number of members; and
(iii) prohibits any invitation to the public to subscribe for any securities of the company
Non Banking Finance Company Registration
As per Section 45I(c) of RBI Act
-‘‘financial institution’’ means any non-banking institution which carries on as its business or part of its business any of the following
activities, namely:–
(i) the financing, whether by way of making loans or advances or otherwise, of any activity other than its own:
(ii) the acquisition of shares, stock, bonds, debentures or securities issued by a Government or local authority or other marketable securities of a like nature:
(iii) letting or delivering of any goods to a hirer under a hire-purchase agreement as defined in clause (c) of section 2 of the Hire-Purchase Act, 1972:
(iv) the carrying on of any class of insurance business;
(v) managing, conducting or supervising, as foreman, agent or in any other capacity, of chits or kuries as defined in any law which is for the
time being in force in any State, or any business, which is similar thereto;
(vi) collecting, for any purpose or under any scheme or arrangement by whatever name called, monies in lumpsum or otherwise, by way of subscriptions or by sale of units, or other instruments or in any other manner and awarding prizes or gifts, whether in cash or kind, or
disbursing monies in any other way, to persons from whom monies are collected or to any other person, 1[but does not include any institution, which carries on as its principal business,–
(a) agricultural operations; or
(aa) industrial activity; or]
(b) the purchase or sale of any goods (other than securities) or the providing of any services; or
(c) the purchase, construction or sale of immovable property, so however, that no portion of the income of the institution is derived
from the financing of purchases, constructions or sales of immovable property by other persons;]
2[Explanation.– For the purposes of this clause, ‘‘industrial activity’’ means any activity specified in sub-clauses (i) to
(xviii) of clause (c) of section 2 of the Industrial Development Bank of India Act, 1964;]
Nidhi Company Registration Registration in Jaipur
As per Section 406 of Companies Act 2013
(1) In this section, “Nidhi” means a company which has been incorporated as a Nidhi with the object of cultivating the habit of thrift and savings amongst its members, receiving deposits from, and lending to, its members only, for their mutual benefit, and which complies with such rules as are prescribed by the Central Government for regulation of such class of companies.
(2) Save as otherwise expressly provided, the Central Government may, by notification, direct that any of the provisions of this Act shall not apply, or shall apply with such exceptions, modifications and adaptations as may be specified in that notification, to any Nidhi or Nidhis of any class or description as may be specified in that notification.
(3) A copy of every notification proposed to be issued under sub-section (2), shall be laid in draft before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in disapproving the issue of the notification or both Houses agree in making any modification in the notification, the notification shall not be issued or, as the case may be, shall be issued only in such modified form as may be agreed upon by both the Houses.
LLP Registration
Section 2(n) of the limited liability partnership act, 2008-
“limited liability partnership” means a partnership formed and registered under this Act;
Foreign Company Registration
As per Section 2(42) of Companies Act 2013
―foreign company registration means any company or body corporate incorporated outside India which— (a) has a place of business in India whether by itself or through an agent, physically or through electronic mode; and
(b) conducts any business activity in India in any other manner.
(43) ―free reserves‖ means such reserves which, as per the latest audited balance sheet of a company, are available for distribution as dividend: Provided that—
(i) any amount representing unrealised gains, notional gains or revaluation of assets, whether shown as a reserve or otherwise, or
(ii) any change in carrying amount of an asset or of a liability recognised in equity, including surplus in profit and loss account on measurement of the asset or the liability at fair value, shall not be treated as free reserves;
One Person (OPC) Company Registration
Section 2(62) of Companies Act 2013
-One Person Company means a company which has only one person as a member;
Public Company Registration
Section 2(71) of Companies Act 2013
―public company means a company which—
(a) is not a private company;
(b) has a minimum paid-up share capital 1*** as may be prescribed:
Provided that a company which is a subsidiary of a company, not being a private company, shall be deemed to be public company for the purposes of this Act even where such subsidiary company continues to be a private company in its articles
Section 8 of Companies Act 2013-
Formulation of companies with charitable objects, etc.— (1) Where it is proved to the satisfaction of the Central Government that a person or an association of persons proposed to be registered under this Act as a limited company—
(a) has in its objects the promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object;
(b) intends to apply its profits, if any, or other income in promoting its objects; and
(c) intends to prohibit the payment of any dividend to its members, the Central Government may, by licence issued in such manner as may be prescribed, and on such conditions as it deems fit, allow that person or association of persons to be registered as a limited company under this section without the addition to its name of the word ―Limited‖, or as the case may be, the words ―Private Limited‖ , and thereupon the Registrar shall, on application, in the prescribed form, register such person or association of persons as a company under this section
Producer Company Registration
Section 581B of Companies Act 2013 581B.
OBJECTS OF PRODUCER COMPANY
(1) The objects of the Producer Company shall relate to all or any of the following matters, namely : –
(a) production, harvesting, procurement, grading, pooling, handling, marketing, selling, export of primary produce of the Members or import of goods or services for their benefit:
Provided that the Producer Company may carry on any of the activities specified in this clause either by itself or through other institution ;
(b) processing including preserving, drying, distilling, brewing, vinting, canning and packaging of produce of its Members ;
(c) manufacture, sale or supply of machinery, equipment or consumables mainly to its Members ;
(d) providing education on the mutual assistance principles to its Members and others ;(e) rendering technical services, consultancy services, training, research and development and all other activities for the promotion of the interests of its Members ;
(f) generation, transmission and distribution of power, revitalisation of land and water resources, their use, conservation and communications relatable to primary produce ; (g) insurance of producers or their primary produce ;
(h) promoting techniques of mutuality and mutual assistance ;
(i) welfare measures or facilities for the benefit of Members as may be decided by the Board ;
(j) any other activity, ancillary or incidental to any of the activities referred to in clauses (a) to (i) or other activities which may promote the principles of mutuality and mutual assistance amongst the Members in any other manner ;
(k) financing of procurement, processing, marketing or other activities specified in clauses (a) to (j) which include extending of credit facilities or any other financial services to its Members.
(2) Every Producer Company shall deal primarily with the produce of its active Members for carrying out any of its
objects specified in this section.
Subsidiary Company Registration
Section 2(87) of Companies Act 2013
―subsidiary company or ―subsidiary, in relation to any other company (that is to say the holding company), means a company in which the holding company—
(i) controls the composition of the Board of Directors; or
(ii) exercises or controls more than one-half of the total share capital either at its own or together with one or more of its subsidiary companies: Provided that such class or classes of holding companies as may be prescribed shall not have layers of subsidiaries beyond such numbers as may be prescribed.
Explanation.—For the purposes of this clause,—
(a) a company shall be deemed to be a subsidiary company of the holding company even if the control referred to in sub-clause (i) or sub-clause (ii) is of another subsidiary company of the holding company;
(b) the composition of a company‘s Board of Directors shall be deemed to be controlled by another company if that other company by exercise of some power exercisable by it at its discretion can appoint or remove all or a majority of the directors;
(c) the expression ―company‖ includes any body corporate;
(d) ―layer‖ in relation to a holding company means its subsidiary or subsidiaries;
Documents required for Nidhi Company Registration
(Proposed) Directors Documents
1. PAN Card of all the Directors
2. Aadhar Card of all the Directors
3. Past 2 months bank statements of Director
4. Mobile number and Email ID of Directors
5. Passport size photographs of Directors
6. Birth Certificate
7. Last Education Degree/Marksheet (if any)
8. Voter ID, DL or Passport (any one)
Registered Place of Business Documents
1- Utility Bill (Electricity Bill)
2- Consent Letter
3- Property Owner Aadhr Card
4- Property Owner Mobile Number
Engagement Letter
Lets understand the process of Nidhi Company Registration
Following are the steps for Nidhi Company Registration which are needed to be followed
-
Step 1: Name Approval
The first step in Nidhi Company Registration is to make an application to the Registrar of Companies Rajasthan for name approval.
One can also proceed directly with the application of registration without getting the name approved. Though it is advisable to reserve the name of the company first instead of proceeding with the application without name approval which makes the entire process way more simple.
Once the name approval application is made, it might take 2 working days for either its approval or resubmission, if the approval is granted then we can proceed further with the process but if the form comes for resubmission due to non-availaibility of the name then a new name is to requested for approval which might again take approximate 2 working days for approval. While waiting for the name approval, one can simply proceed with the step 2. -
Step 2: Obtaining Digital Signatures of the proposed directors/promoters
The second step for Nidhi Company Registration is to obtain digital signatures for all the proposed directors and promoters -
Step 3: Filing of application using SPICe+
Once the name is approved and Digital Signatures are prepared the next step for Nidhi Company Registration is to start with filing the application with SPICe+ form. In the form, all the required information along with documents are to be attached and provided. -
Step 4: Memorandum of Association, Article of Association and Agile
Once the SPICe+ is filled and relevent documents attached. Memorandum of Association, Article of Association and Agile form are to be prepared for Nidhi Company Registration -
Step 5: Affixing of Digital Signatures
Once step 4 is complete, all the forms will then required to be downloaded for applying digital signatures of Directors and a Practicing Chartered Accountant for Nidhi Company Registration -
Step 6: Form Upload and Registration of Company
After step 5, the form needs to be uploaded with MCA. Once the form is uploaded, Registrar of companies go through the forms and if everything is in order then a Certificate of Incorporation along with PAN and TAN of company is issued or else the form is sent for resubmission with detailed reasons, the same then will need to be resubmitted resolving the queries of the officer.
Some frequently asked questions
How much time it will take for the entire process to my company registration?
1- For Private Limited Company, LLP & OPC : 7 Working Days
2- For Nidhi Company and Producer Company: 15 Working Days
3- For Section 8 Company: 15 Working Days
4- For NBFC: 4 – 6 MonthsHow many minimum people I will need for Company Registration ?
1- For Private Limited Company and LLP – 2
2- For Limited Company, NBFC and Nidhi – 7
3- For Producer Company – 10Which type of company registraion in Jaipur shall I chose in accordance to the nature of my business ?
For other than finance business, Private Limited Company is the best form of company. For finance business, Nidhi Company or NBFC is the best form of company. Further, for professionals such as architects, advocates, chartered accountants, LLP is the best form of business. Further, for group of agriculturists and farmers, producer company is the best form of company to go with.Do I need to come physically to your office for company registration ?
No, You are not required to come physically to our office for Nidhi Company Registration. Though, we recommend otherwise. In case you do not want to come physically then the required Documents can be submitted through email along with deposit of fee, once we receives the documents, we will start working on registration process. Further, in case physically not present then we will need video KYC’s and Video’s of Signatures on engagement letters and other documents for verification.What all documents I receive on registeration of my company
The following documents you will get on your company registration completion
1- Digital Signatures of Directors
2- Director Identification Number of Directors
3- Name Approval Certificate from Ministry of Corporate Affairs
4- Memorandum of Association
5- Article of Association
6- Certificate of Incorporation
7- PAN Card
8- TAN Card
9- GST Registration Certificate
10- MSME Registration Certificate
11- CIN Number and ESIC CertificateDo I need to mandatorily complete the compliances, file returns, get auditor appointed, file commencement of business certificate for my Company in Jaipur?
Yes, Once your company is registered in Jaipur , you will compulsory need to complete mandatory compliances under Companies Act as mentioned below. In case you do not get the compliances done yearly, quaterly and monthly basis as required under Companies Act, 2013 then huge penalties may be imposed by Government under Companies Act which may run into Millions of Rupees followed with criminal proceedings as well. The mandatory compliances are as follows:
1- Auditor Appointment and Common seal adoption within 1 month
2- Obtain Commencement of Business Certificate
3- Board Meetings, Annual General Meeting, Notice and Resolutions
4- Registers, Share certificates, Annual Returns, Accounting
5- Audits, Income Tax Retuns, GST Returns, TDS Returns, ESI & PFNote: The above list is not exclusive, many other compliances are also needed to be completed depending on the type of the company. Failure to do so will lead to huge penalties.
Once the Company is registered in Jaipur, we also provide the services of compliances as well
I do not have any sales or purchase or bank transactions in my company, do I still need to get the above mentioned compliances done mandatorily ?
Yes, even if there are no earnings & profits still you will need to get the compliances done. Failure to do compliances will attract huge penalties in all casesThese compliances looks huge and burdensome. Do I need to be scared or should I think twice before registering my company ?
No, there is no need to be scared about the compliances that are needed to be done as these compliances are needed to be done on a yearly basis by a professional and a Chartered Accountancy Firm for their yearly fee. So, once we are being engaged as auditor and for Company compliances, the professionals take care of everything.Will it really cost me huge to get this yearly compliances done ?
The fee of Chartered Accountants will depend upon the amount of time that they will have to put in. The fee in case there are no sales and transactions is normally not huge depending on the nature of business and time required. The fee gets increased with the level of activities in the company due to the increased compliance. Even if there are zero sales or transactions then to the compliances are needed to be done for which Chartered Accountant need to be appointed compulsorily and annual fee need to be paid.
Further, Chartered Accountants fee also varies from city to city and Chartered Accountant to Chartered Accountant per se in accordance with their experience, expertise and quality of services offered.
Contact details for Nidhi Company Registration:
[email protected]
9971782649
Practice area's of B K Goyal & Co LLP
Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice
