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    SH-7 Can be filed before filing NDH-4 ?

    Posted By : SARIKA / Published on : 02-Aug-2022 07:18 AM / View : 134 / Comment : 1

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    As per Nidhi(Amendment) Rules, 2022 the form INC 20 A is to be filed after approval of Form NDH-4.

    I have to fulfil the criteria of 200 members and 20 lakh Net Owned Funds within 120 days of incorporation.

    While filing Form SH-7 for Increase in authorised capital, the CIN data does not gets prefilled and asks for Form INC 20A.

    So in this case, Please guide me whether we can file forms in the sequence of First Form INC 20A then Form SH-7 and Form PAS-3 and at last Form NDH-4 within 120 days of incorporation?
    Read more on : filing before filed

    • INC-20 you can file before filing NDH-4.
       
       “3A.  Declaration of Nidhis .─  
      The Central Government, on receipt of 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 sixty 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: 
       
      Provided further that nothing in the first proviso shall prevent a Nidhi from filing Form NDH-4 before the period referred therein: Provided also that that in case a company does not comply with the requirements of this rule, it shall not be allowed to file Form No. SH-7 (Notice to Registrar of any alteration of share capital) and Form PAS-3 (Return of Allotment).”.
       
      23A. Compliance with rule 3A by certain Nidhis:- 
       
      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 six months from the date of commencement of Nidhi (Amendment) Rules, 2019, whichever is later: Provided that in case a company does not comply with the requirements of this rule, it shall not be allowed to file Form No. SH-7 (Notice to Registrar of any alteration of share capital) and Form PAS-3 (Return of Allotment). 23B. Companies declared as Nidhis under previous company law to file Form NDH-
       
      4:-  Every company referred in clause (a) of rule 2 shall file Form NDH-4 alongwith 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 month of the commencement of Nidhi (Amendment) Rules, 2019: 
       
      02-08-2022 / 07:21:46 AM
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