What is eForm NDH-4?

Application Form for filing an application for a declaration as Nidhi Company or updation of status by Nidhis in eForm NDH-4.

• eForm NDH-4 is required to be filed pursuant to section 406 of the Companies Act, 2013 and rules 3A, 23A, and 23B of Nidhi Rules, 2014.

According to 406 of the Companies Act,2013 in this section, "Nidhi" or "Mutual Benefit Society" means a company which the Central Government may, by notification in the Official Gazette, declare to be a Nidhi or Mutual Benefit Society, as the case may be. The Central Government may, by notification in the Official Gazette, direct that any of the provisions of this Act specified in the notification— will not apply to any Nidhi or Mutual Benefit Society with such exceptions, modifications, and adaptations as may be specified in the notification. 

A copy of every notification proposed to be issued under sub-section (2), has to be laid in draft before each House of Parliament, while it is in session, for a total period of 30 days, and if, both Houses agree to disapprove the issue of notification or both Houses agree in making any modification in the notification, the notification shall not be issued or shall be issued only in such modified form as may be agreed upon by both the Houses in reckoning any such period of thirty days as is referred to in subsection (3), no account shall be taken of any period during which the House referred to in subsection (3) is prorogued or adjourned for more than 4 consecutive days.

According to Rule 3A of the Nidhi Rules,2014 The Central Government, on receipt of the application (in Form NDH-4 along with fee thereon) of a public company for declaring it as Nidhi and on being satisfied that the company meets the requirements under these rules, shall notify the company as a Nidhi in the official Gazette: 

Provided that a Nidhi incorporated under the Act on or after the commencement of the Nidhi (Amendment) Rules, 2019 shall file Form NDH-4 within 60 days from the date of expiry of 

(a) one year from the date of its incorporation or 

(b) the period up to which extension of time has been granted by the Regional Director under sub-rule (3) of rule 5. 

According to Rule 23A of the Nidhi Rules,2014 every company referred to in clause (b) of rule 2 and every Nidhi incorporated under the Act, before the commencement of Nidhi (Amendment) Rules, 2019, shall also get itself declared as such in accordance with rule 3A within a period of one year from the date of its incorporation or within a period of 6 months from the date of commencement of Nidhi (Amendment) Rules, 2019, whichever is later.

According to Rule 23A of the Nidhi Rules,2014 Every company referred to in clause (a) of rule 2 shall file Form NDH-4 along with fees as per the Companies (Registration Offices and Fees) Rules, 2014 for updating its status. Provided that no fees shall be charged under this rule for filing Form NDH-4, in case it is filed within six months of the commencement of Nidhi (Amendment) Rules, 2019:

Due Date of NDH-4 Form 

• The due date for the Application for declaration as Nidhi Company [Nidhi incorporated under the Companies Act, 2013 before the commencement of Nidhi (Amendment) Rules, 2019 is one year from the date of incorporation or 6 months from the date of notification whichever is later from the date of its incorporation or date of commencement of Nidhi (Amendment) Rules, 2019.

• The due date for the Application for declaration as Nidhi Company [Nidhi incorporated under the Companies Act, 2013 on or after the commencement of Nidhi (Amendment) Rules, 2019 is 60 days from the expiry of one year from the date of incorporation or one year from the date of its incorporation of 60 days.

• The due date for the Application for updation of status by Nidhis is 6 months from the date of notification or 6 months from of commencement of Nidhi (Amendment) Rules, 2019. 

The Companies (Registration of offices and Fees) Rules, 2014 

• Fee for filing e-Forms or documents in case of the company has a share capital

Additional fees Form NDH-4