NDH-4 Filing

The issue you are facing regarding Form NDH-4 and its link to Form INC-20A is a known challenge for many Nidhi companies. Here is a breakdown of the situation and the best steps to resolve it:

Understanding the "Deemed Approval" Concept

• The Rule: Under the Nidhi (Amendment) Rules, if the Central Government does not pass an order (approval or rejection) on your Form NDH-4 within 45 days, it is technically considered "deemed approved."

• The Practical Hurdle: While the law allows for deemed approval, the MCA system often requires an explicit "Approval Order" or a status update on the portal to allow subsequent filings like Form INC-20A. If the system has not updated to "Approved," you may encounter technical barriers when attempting to file INC-20A.

Recommended Steps to Solve the Situation

1. Check Status on the MCA Portal: Log in to the MCA portal and check the "My Application" or "Company Documents" section. Sometimes the approval letter is uploaded even if you didn't receive an email notification.

2. Raise a Ticket/Grievance: If the status remains pending beyond 45 days and you cannot file INC-20A, raise a "Ticket" on the MCA Helpdesk/Grievance portal. Provide your SRN (Service Request Number) for the NDH-4 filing and explicitly state that the statutory 45-day period has elapsed.

3. Contact the RoC: If the portal ticket does not resolve the issue, contact the office of the Registrar of Companies (RoC) where your company is registered. You can provide them with a formal letter, attaching the acknowledgment of your NDH-4 filing, and request them to manually update the status to "Approved" in the system to enable the filing of Form INC-20A.

4. Do Not Assume Approval for Compliance: While the law provides for deemed approval, for the purpose of system-based filings (like INC-20A), having an explicit update in the database is often required. Ensure your records are audit-ready, as you must prove you meet the 200-member and Net Owned Fund (NOF) requirements if questioned later.

Is there a "Rejection List"?

Yes, the Ministry of Corporate Affairs (MCA) has previously published lists of companies whose NDH-4 forms were rejected due to non-compliance. These are typically released via official notifications on the MCA website. If your form was rejected, you should have received a formal communication (Show Cause Notice or Rejection Order) from the RoC. If you have not received any such communication and the 45-day period has passed, it strengthens your case that the form should be treated as approved.

Summary

• Action: If your NDH-4 status is stuck, do not rely solely on the "deemed approval" rule.

• Resolution: File a grievance on the MCA portal and reach out to your local RoC office with your SRN to request a system status update.

• Compliance: Only once the status is updated or the RoC provides guidance can you successfully file Form INC-20A.