1) As per sub-rule
1 of Rule 10 of Nidhi
Company Rules 2014, a Nidhi company may open
branch office only if it has earned net profits after tax continuously during
the preceding three financial years.
For example:
A Nidhi Company can open branch only if it has
earned profits continuously for next three years. Please mark the word
“continuous”. Suppose, the earning of ABC Nidhi Limited in last five years is
as follows:
Amount in Lacs
Year 1
|
Year 2
|
Year 3
|
Year 4
|
Year 5
|
100
|
75
|
(33)
|
13
|
28
|
In Year five, ABC Nidhi limited wants to
open the branch, but they cannot
Because they have not earned profits for
three consecutive years.
2) However as per sub-rule
2 subject to the provisions contained in sub-rule
1 a Nidhi company can open up to 3 branches within the district
In other words,
a Nidhi company can open branches only if following conditions are satisfied:
a)
It has earned profits in previous three years continuously.
b)
It can open branches within its district
c)
It can open maximum three branches
d)
It can’t open any branch outside the district without prior
approval.
e)
It can’t open any branch outside the State.
3) As per sub-rule 3, if a Nidhi recommends opening more than 3 branches within the
district or any branch outside the district, it shall obtain the prior
permission of the Regional Director and an intimation is to be given to the
Registrar about the opening of every
branch within thirty days of such opening.
4) As per sub-rule
4, no after registration
of Nidhi Company shall open a branch or
collection center or office or deposit center or by whatever name called
outside the state where its registered office is incorporated.
5) Also as per sun rule 5 A Nidhi company shall
open branches or collection center or any office or deposit center unless it
has filed its financial statement and annual return up to date are filed with
the Registrar.
6) As per sub-rule
6, A Nidhi Company shall not close its
branch unless it complies with the following necessary conditions:
a) A Nidhi company is required to publish an
advertisement in the newspaper in the place where it carries on business at
least 30 days prior to such closure
b) A Nidhi company is required to fix a copy of
such advertisement or a notice informing such closure of the branch on the
notice board of Nidhi for a period of at least 30 days from the date from which
the advertisement is published.
c) The Nidhi company has to intimate the ROC
within 30 days of the closure of the branch
Conclusion:
Nidhi Company registration rules have
been introduced by companies act 2013, there is a limited area of operations for Nidhi Company though it has been
preferred by the most of social entrepreneurs.
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