ABC was incorporated as Nidhi Company in year 2001. Since inception of the Company, it operates only through its single head office situated in Hyderabad. In the Meeting of the Members, few members residing in Mumbai, pr
CS Executive · Setting up of Business Entities and Closure · PYQS · December 2024
ABC was incorporated as Nidhi Company in year 2001. Since inception of the Company, it operates only through its single head office situated in Hyderabad. In the Meeting of the Members, few members residing in Mumbai, proposed that branch office of the Company be opened in territory of Maharashtra. However, there are no objection from other members as the majority of them had already relocated in different part of the nation. In view of such situation, whether proposal of opening of branch office can be implemented. Answer with the applicable provisions of the law.
Answer & Explanation:
Branches of Nidhi (Rule 10 of the Nidhi Rules, 2014) A Nidhi may open branches, only if it has earned net profits after tax continuously during the preceding three financial years. A Nidhi may open up to three branches within the district. If a Nidhi proposes to open more than three 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 ripening of every branch within thirty days of such opening. Nidhi shall not open branches or collection centers or offices or deposit centers, or by whatever name called outside the State where its registered office is situated. Nidhi shall not open branches or collection centers or offices or deposit centers, or by whatever name called unless financial statement and annual return (up to date) are filed with the Registrar. A Nidhi shall not close any branch unless it - publishes an advertisement in a newspaper in vernacular language in the place where it carries on business at least thirty days prior to such closure, informing the public about such closure; fixes 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 thirty days from the date on which advertisement was published under clause (a); and gives an intimation to the Registrar within thirty days of such closure. Therefore, going by rule 3, ABC company being a Nidhi Company, cannot open a branch office in Maharashtra i.e. outside the State i.e. Telangana (Hyderabad) where its registered office is situated.
Topics: Nidhi Companies
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