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Rule 12Chapter 42

Application form for deposit

Application form for deposit .—(1) Every application form for placing a deposit with a Nidhi shall contain the following particulars, namely:—

(a)

Name of Nidhi;

(b)

Date of incorporation of Nidhi;

(ba)

The date of declaration or notification as Nidhi

(c)

The business carried on by Nidhi with details of branches, if any;

(d)

Brief particulars of the management of Nidhi (name, addresses and occupation of the directors, including DIN);

(e)

Net profits of Nidhi before and after making provision for tax for the preceding three financial years;

(f)

Dividend declared by Nidhi during the preceding three financial years;

(g)

Mode of repayment of the deposit;

(h)

Maturity period of the deposit;

(i)

Interest payable on the deposit;

(j)

The rate of interest payable to the depositor in case the depositor withdraws the deposit prematurely;

(k)

The terms and conditions subject to which the deposit may be accepted or renewed;

(l)

A summary of the financials of the company as per the latest two audited financial statements as given below:

(i)

Net Owned Funds

(ii)

Deposits accepted

(iii)

Deposits repaid

(iv)

Deposits claimed but remaining unpaid

(v)

Loans disbursed against—

(a)

immovable property;

(b)

deposits; and

(c)

gold, silver and jewellery

(vi)

Profit before tax

(vii)

Provision for tax(viii) Profit after tax

(ix)

Dividend per share

(m)

any other special features or terms and conditions subject to which the deposit is accepted or renewed.

(2)

The application form shall also contain the following statements, namely:—

(a)

in case of Non-payment of the deposit or part thereof as per the terms and conditions of such deposit, the depositor may approach the Bench of the National Company Law Tribunal Registrar of companies having jurisdiction over Nidhi;

(b)

in case of any deficiency of Nidhi in servicing its depositors, the depositor may approach the National Consumers Disputes Redressal Forum, the State Consumers Disputes Redressal Forum or District Consumers Disputes Redressal Forum, as the case may be, for redressal of his relief;

(c)

a declaration by the Board of Directors to the effect that the financial position of Nidhi as disclosed and the representations made in the application form are true and correct and that Nidhi has complied with all the applicable rules;

(d)

a statement to the effect that the Central Government does not undertake any responsibility for the financial soundness of Nidhi or for the correctness of any of the statement or the representations made or opinions expressed by Nidhi;

(e)

the deposits accepted by Nidhi are not insured and the repayment of deposits is not guaranteed by either the Central Government or the Reserve Bank of India; and

(f)

a verification clause by the depositor stating that he had read and understood the financial and other particulars furnished and representations made by Nidhi in his application form and after careful consideration he is making the deposit with Nidhi at his own risk and volition.

(3)

Every Nidhi shall obtain proper introduction of new depositors before opening their accounts or accepting their deposits and keep on its record the evidence on which it has relied upon for the purpose of such introduction.

(4)

For the purposes of introduction of depositors, a Nidhi shall obtain documentary evidence of the depositor in the form of proof of identity and address as under:

(a)

Proof of Identity (any one of the following)

(i)

Passport

(ii)

Unique Identification Number

(iii)

Income-tax PAN card

(iv)

Elector Photo Identity Card

(v)

Driving licence

(vi)

Ration card

(b)

Proof of address (any one of the following)

(i)

Passport

(ii)

Unique Identification Number

(iii)

Elector Photo Identity Card

(iv)

Driving licence

(v)

Ration card

(vi)

Telephone bill

(vii)

Bank account statement

(viii)

Electricity bill

(documents referred to serial numbers (vi), (vii) and (viii) above shall not be more than two months old)

(ba)

Inserted vide the Nidhi (Amendment) Rules, 2019 dated 01.07.2019 w.e.f., 15.08.2019. To view the Notification, Click Here .

Notes, amendments & references (2)

Inserted vide the Nidhi (Amendment) Rules, 2022 dated 19.04.2022. To view the Notification, Click Here .

Bench of the National Company Law Tribunal Substituted vide the Nidhi (Amendment) Rules, 2019 dated 01.07.2019 w.e.f., 15.08.2019. To view the Notification, Click Here .