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Monday, March 23, 2015

LIMITS UNDER COMPANIES ACT 2013

LIMITS APPLICABLE FOR PUBLIC LIMITED AND PRIVATE LIMITED COMPANIIES UNDER COMPANIES ACT 2013
S No.
Particulars
Section/Rule Reference
Requirements  and Limits
Remarks
1
XBRL

·         All Listed Companies
·         Subsidiaries of the listed companies
·         Paid-up Share Capital of Rs.5 Crores or more
·         Turnover of Rs.100 Crores
Both public and Private Ltd Companies
2
CARO

·         Listed companies
·         Public Limited Companies
Public



Private
·         Paid-up capital and reserves exceeding Rs.50 Lakhs (or)
·         Turnover exceeding Rs.5 crores (or)
·         Outstanding loans exceeding Rs.25 Lakhs
3
Cash Flow Statement
Section 2(40)
Except
·         Small Company
·         One  person Company
·         Dormant Company

All Companies
4
KMP
203(1)
v  Every Listed Company
v  Other unlisted companies having a Paid-up share capital of Rs. 10 crores or more may have a
·         Managing Director Or Chief Executive Officer Or in the absence of them a  Manager
·   Company Secretary
·   Chief Financial Officer

All Public Limited Companies
5
Company Secretary
203(1)
Paid-Up Share Capital of Rs.5 Crores or more shall have a Whole-Time Company Secretary
Both public and Private Ltd Companies
6
Independent Director
149(4)
v  Every Listed Company —At least 1/3 of Directors.
v  Others—At least 2 directors
·         Paid-up share capital is Rs.10 crores or more (or)
·         Turnover is Rs.100 crores or more (or)
·         Outstanding loans, debentures exceeding 50 crores.
All Public Limited Companies
7
Women Director
149(1)
v  Every Listed Company --1
v  Other unlisted companies having a
·         Paid-up share capital is Rs.100 crores or more (or)
·         Turnover is Rs.300 crores or more
All Public Limited Companies
8
Internal Audit
138(1)
v  Every Listed Company
v  Other unlisted public companies having a
·         Paid-up capital is RS.50 crores or more (or)
·         Turnover of Rs.200 crores or more (or)
·         Loans or Borrowings of Rs.100 crores or more (or)
·         Outstanding deposits of Rs.25 crores or more (or)



Public Limited Companies
·         Turnover of Rs.200 more (or)
·         Outstanding loans or borrowings of Rs.100 crores or more
Private Limited Companies
9
Secretarial Audit
204(1)
v  Every Listed Company
v  Other unlisted public company having a
§  Paid-up share capital of Rs.500 crores or    more (or)
§  Turnover of Rs.250 crores or more
All Public Limited Companies
10
Nomination and Remuneration Committee
177(1)
v  Every Listed Company
v  Other unlisted companies having a
·         Paid-up share capital is Rs.10 crores or more (or)
·         Turnover is Rs.100 crores or more (or)
·         Outstanding loans of Rs.50 crores or more.


All Public Limited Companies
11
Audit Committee
177(1)
v  Every Listed Company
v  Other unlisted companies having a
·         Paid-up share capital is Rs.10 crores or more (or)
·         Turnover is Rs.100 crores or more (or)
·         Outstanding loans, debentures exceeding 50 crores.
All Public Limited Companies
12
Stakeholders Relationship Committee

Every company having more than 1000 shareholders, debenture holders, deposit holders

Both public and Private Ltd Companies
13
Corporate Social Responsibility Committee
135
·         Net Worth of Rs.500 crores or more (or)
·         Turnover of Rs.100 0crores or more (or)
·         Net Profit of Rs.5 crore or more


Both public and Private Ltd Companies
14
Annual Return Certificate
92 (1)
v  Every Listed Company
v  Other unlisted companies having a
·         Paid-up share capital of Rs.10 crores or more (or)
·         Turnover of Rs.50 crores or more



All Public Limited Companies
15
Signing of Annual; Return
92 (1)
·         All Listed Companies
·         All Public Companies

Public Limited Companies                             
·         Paid-up Capital Exceeding Rs.50 Lakhs
·         Turnover exceeding Rs.2 Crores

Private Limited Companies
16
Vigil Mechanism
177(9)
·         All Listed Companies
·         Companies accepting deposits from public
·         Companies which had borrowed from Public Financial institutions and Banks exceeding Rs.50 Crores
Both public and Private Ltd Companies
17
Rotation of Auditor
139(2)
·         Listed Companies
·         Other public limited companies having a
Paid-up Share Capital of Rs.10 Crores or more
Public Limited Companies
·         Paid-up Share Capital of Rs.20 Crores or more

Private Limited Companies                             
18
Related Party Transaction
188
·         Sale, Purchase or supply of any goods or materials (or)

Exceeding 10% of Turnover or Rs.100 Crores, whichever is lower


Special Resolution is required – applicable to both public limited companies and private limited companies
·         Selling or otherwise disposing(or)

Exceeding 10% of Net Worth

As above
·         Leasing of property of any kind

Exceeding 10% of Net Worth or Turnover of Rs.100 Crores, whichever is lower.



As\ above
·         Availing or rendering of any services

Exceeding 10% of Net Worth or Turnover of Rs.50 Crores, whichever is lower.

As above



·         Appointment to any office or place of profit or its subsidiary company

Monthly Remuneration exceeding Rs.2.5 Lakhs
As above

·         Remuneration for underwriting of subscription
Exceeding 1% of Net Worth
As above


1 comment:

  1. Mandatory appointment of whole-time Company Secretary (as KMP) pursuant to Section 203 (1) applies only with respect public companies, whether listed or unlisted.

    It is not mandatory for private companies to appoint a whole-time Company Secretary pursuant to Section 203 (1), as you have mentioned.

    ReplyDelete