A chit fund company is a financial institution where a group makes periodic contributions from members, and the amount is distributed among members through a system of bidding or lottery. It is a savings and borrowing scheme that allows participants to save and also provides them with the opportunity to borrow when needed.
Chit fund businesses are legal in India under the Chit Funds Act, 1982; however, they must be registered and controlled by the state government in which they operate. Such firms act as community-based financial institutions, allowing them to easily access capital and, therefore, do not rely on traditional banks.
How a Chit Fund Works?
The basis of a typical chit fund is a small group of people who must contribute a set sum of money on a monthly basis, creating a pool of funds. The pooled money is distributed to one member at regular intervals, either through an auction or by drawing a lot.
As an illustration, when 25 members of a chit fund deposit Rs. 10,000 monthly, after multiplying the chits, the total becomes Rs. 2,50,000. Each month, the winner of the bid is one of the members and receives the fund (including the commission to the organiser). This continues until all members have won the prize at some point during the chit cycle.
Legal Framework Governing Chit Fund Companies?
The Chit Funds Act, 1982, and other state-specific laws govern the operations of chit funds in India. Also, compliance and governance are managed by the Reserve Bank of India (RBI) and Registrar of Chits.
Its key regulatory provisions are:
- The registration is mandatory in the state authority in question.
- Capital requirement and security deposit to the Registrar.
- Good record keeping and audit requirements.
- Regular reporting to imply transparency in fund operations.
Types of Chit Funds in India
In India, there are various types of chit funds depending on the structure, management and purpose. The knowledge of these would aid in deciding the appropriate choice that investors and businesses would make.
1. Registered Chit Funds
These are Chit funds that have been registered under the Chit Funds Act, 1982 and supervised by the Registrar of Chits. They are run openly, and they are said to be safe, as long as they are compliant with the law.
2. Unregistered or Informal Chit Funds
These chit funds are not registered and can be used among friends or family members as well as around their communities. They are convenient, but they are dangerous since they cannot be legally binding in disputes and fraud cases.
3. Online Chit Funds
Most of the companies have currently switched to online chit fund schemes using apps and fintech via digitalization. Such are generally registered and enable participants to monitor contributions, bids, and payments online.
4. Chit Funds that the Government Supports
Other chit funds are run by cooperative societies that are owned directly by the state or by financial institutions that have been approved by the state. They are deemed to be reliable since the regulation and transparency have improved.
Eligibility Criteria to Start a Chit Fund Company
To start a chit fund business in India, the promoters are required to fulfil some eligibility requirements according to the Chit Funds Act, 1982:
- The firm should be incorporated in either a Private Limited or a Public Limited Company under the Companies Act 2013.
- The paid-up capital cannot be less than Rs. 1 lakh (depends on the state).
- The company should also have a foreman (organiser) who will be in charge of handling the chit.
- A foreman has to pay a security (maximum of 50% of chit value) to Registrar prior to commencement of operations.
- The size of a single chit must not exceed 40 or 100 members, according to the regulations of a particular state.
The Registration Process of the Chit Fund Company
To establish a chit fund company in India, adherence to corporate and chit fund laws is required. The full procedure of beaming is as follows:
Step 1: Incorporation of the Company
You need to incorporate the company as a Private Limited or Public Limited Company under the Companies Act, 2013, with the Ministry of Corporate Affairs (MCA), and one of the objects of the company should state the Chit fund business in the Memorandum of Association (MOA).
Step 2: Getting a Chit Fund License
Once incorporated, obtain a license from the Registrar of Chits in the state where the chit fund is established and registered under the Chit Funds Act, 1982.
Step 3: Submit Documents
Provide necessary documents, including:
- Certificate of Incorporation.
- Memorandum and Articles of Association.
- Identity and address evidence of directors.
- PAN and bank details
- Evidence of security deposit (typically in the form of a fixed deposit or bank guarantee)
- Chit agreement draft
Step 4: Deposit Security
The foreman should post a percentage of the value of the chit as a security deposit before the operations begin. This guarantees financial security among subscribers.
Step 5: Obtain Registration Certificate
After verification, the Registrar gives a Certificate of Commencement, which permits the company to carry out chit fund operations in a legal manner.
Step 6: Conduct the First Chit
Once it is registered, the company can commence its first chit, keeping a record of proceedings and ensuring that all auctions, bids, and payments are well-documented.
Penalty Against Unregistered Chit Fund Companies
Running an unregistered chit fund is an offence that attracts sanctions in Section 4 of the Chit Funds Act, 1982. The penalties may include:
- Up to Rs. 5,000 or up to two years in jail.
- Closure of business subsequently by the Registrar of Chits.
- Refunding of amounts collected from subscribers through legal action.
To ensure safety and security as an investor, before investing in a chit fund company, always inquire whether the company is state-registered and approved.
Conclusion
Chit fund companies in India remain a valuable financial resource for savings and emergency funds. Nonetheless, it is essential to note that due to the risks associated with unregulated schemes, it is crucial to incorporate the chit fund company within the framework of the Chit Funds Act, 1982, and ensure full transparency in its operations.
For entrepreneurs, registration serves as a guarantee of credibility, compliance, and trust with investors. To the participants, it is only certain that they are secure and under the law.
The first step is to determine the types, registration process, and the legal framework, whether planning to start a chit fund company or invest in one.
