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Foreign Company, Deposits & Nidhi | Savlana Init
MCA · Foreign Company & Nidhi

Foreign Company, Deposits & Nidhi — Specialised Compliance for Three Distinct MCA Regimes.

Foreign companies, deposit-accepting companies, and Nidhi companies each operate under separate compliance frameworks within the Companies Act. We manage the full filing cycle — FC-1, FC-3, FC-4, DPT-3, and NDH filings — for each category.

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Foreign companies, companies accepting deposits, and Nidhi companies each operate under specialised compliance regimes within the broader Companies Act, 2013 framework. A foreign company that establishes a place of business in India — whether a branch, liaison, or project office — must register with the RoC by filing Form FC-1 within 30 days of establishment, and thereafter maintain annual filings: FC-3 (financial statements of the India operation) and FC-4 (annual return of the foreign company). Any change to the foreign company's charter, directors, or India address must be notified via FC-2.

Companies accepting deposits from the public or from members are governed by the Companies (Acceptance of Deposits) Rules, 2014 — prescribing limits, repayment periods, credit rating requirements, and mandatory filings including Form DPT-3 (annual return of deposits or outstanding loans) and Form DPT-1 (circular of offer of deposits) where applicable. Most private limited companies cannot accept public deposits but may accept member deposits subject to conditions. Non-compliance with deposit rules is treated as a serious default under the Act.

Nidhi companies are a specific type of public company recognised under Section 406 of the Companies Act — they are mutual benefit societies that accept deposits from and lend exclusively to their members. They must comply with the Nidhi Rules, 2014, including a minimum of 200 members, net owned fund of ₹10 lakh, and a NOF-to-deposit ratio of 1:20 — and file NDH-1 (half-yearly return of statutory compliances) and NDH-3 (annual return). We handle the complete compliance cycle for all three entity categories.

Our Foreign & Nidhi Services

Foreign Company Registration (FC-1)

Filing Form FC-1 to register a foreign company's place of business in India within 30 days of establishment.

FC-3 & FC-4 Annual Filing

Filing the foreign company's annual financial statements (FC-3) and annual return (FC-4) with the RoC.

FC-2 Alteration Filing

Filing Form FC-2 to notify the RoC of any alteration in the foreign company's charter, directors, or India address.

Deposit Acceptance Compliance

Advising on deposit eligibility, filing DPT-1 (circular), and ensuring compliance with the Acceptance of Deposits Rules.

DPT-3 Return of Deposits

Annual filing of the return of deposits and outstanding loans for all companies required to file under the Companies Act.

Nidhi Company Incorporation

Incorporating a Nidhi company as a public limited company and applying for Nidhi status under Section 406.

Nidhi Annual Compliance (NDH-1 & NDH-3)

Filing NDH-1 half-yearly and NDH-3 annual returns for Nidhi companies as required by the Nidhi Rules.

Nidhi NDH-2 Extension Application

Filing Form NDH-2 with the Regional Director where a Nidhi company requires extension for membership or net owned fund compliance.

Our Process

1

Category & Compliance Assessment

We identify whether the entity is a foreign company, a deposit-accepting company, or a Nidhi company, and map all applicable forms and deadlines.

2

Registration or Initial Filing

FC-1 for new foreign companies; DPT-1 circular for deposit acceptance; Nidhi set-up filing — initial compliance established.

3

Annual Compliance Preparation

Annual financial statements, returns, and periodic data compiled; forms prepared for each entity category.

4

Form Filing Within Deadlines

FC-3, FC-4, NDH-1, NDH-3, and DPT-3 filed within their respective statutory due dates.

5

Confirmation & Records Update

Filing acknowledgements obtained; extension applications (NDH-2) tracked to RD order where filed.

Why It Matters

Foreign company registration (FC-1) filed within the 30-day establishment deadline
FC-3 and FC-4 annual filings managed for all India-registered foreign companies
FC-2 alteration notices filed promptly when the foreign company's details change
Deposit compliance rules reviewed before any acceptance to avoid violations
DPT-3 filed annually for all companies with outstanding deposits or loans
Nidhi company incorporation and annual compliance (NDH-1, NDH-3) managed end to end
NDH-2 extension applications filed with the Regional Director where required
Entity-specific compliance calendars maintained with upcoming deadlines tracked

Frequently Asked Questions

A foreign company is one incorporated outside India that establishes a place of business in India (branch, liaison, or project office). It must register with the RoC by filing Form FC-1 within 30 days of establishing the place of business, along with certified copies of its constitutional documents.
A registered foreign company must file FC-3 (financial statements for the Indian business operation) within 60 days of its financial year end, and FC-4 (annual return) within 60 days of the end of each calendar year.
No — private limited companies are prohibited from accepting deposits from the public. They may accept deposits from their own members subject to conditions and limits under Rule 2(1)(c) of the Companies (Acceptance of Deposits) Rules, 2014.
A Nidhi company is a type of public limited company under Section 406 that can accept deposits from and lend only to its members. Unlike NBFCs, Nidhi companies do not require RBI registration, but must comply with the Nidhi Rules — including minimum membership, net owned funds, and NOF-to-deposit ratio requirements.
A Nidhi company must file NDH-1 (half-yearly return) and NDH-3 (annual return), and maintain compliance with the Nidhi Rules — including a minimum of 200 members, a net owned fund of at least ₹10 lakh, and a NOF-to-deposit ratio of 1:20.
DPT-3 is an annual return of outstanding deposits or loans/transactions not treated as deposits. Every company except government companies must file DPT-3 by 30 June each year, reporting the position as at 31 March — regardless of whether the amounts qualify as deposits under the Act.

Managing compliance for a foreign company, deposit company, or Nidhi?

We'll handle your FC-1, DPT-3, NDH filings, and all related compliance — correctly and within the applicable statutory deadlines.