LIMITS
APPLICABLE FOR PUBLIC LIMITED AND PRIVATE LIMITED COMPANIIES UNDER COMPANIES
ACT 2013
S No.
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Particulars
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Section/Rule Reference
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Requirements and Limits
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Remarks
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1
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XBRL
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·
All
Listed Companies
·
Subsidiaries
of the listed companies
·
Paid-up
Share Capital of Rs.5 Crores or more
·
Turnover
of Rs.100 Crores
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Both public and
Private Ltd Companies
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2
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CARO
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·
Listed
companies
·
Public
Limited Companies
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Public
Private
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·
Paid-up
capital and reserves exceeding Rs.50 Lakhs (or)
·
Turnover
exceeding Rs.5 crores (or)
·
Outstanding
loans exceeding Rs.25 Lakhs
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3
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Cash Flow
Statement
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Section 2(40)
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Except
·
Small
Company
·
One person Company
·
Dormant
Company
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All Companies
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4
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KMP
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203(1)
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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
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All Public
Limited Companies
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5
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Company Secretary
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203(1)
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Paid-Up Share
Capital of Rs.5 Crores or more shall have a Whole-Time Company Secretary
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Both public and
Private Ltd Companies
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6
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Independent
Director
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149(4)
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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.
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All Public
Limited Companies
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7
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Women Director
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149(1)
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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
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All Public
Limited Companies
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8
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Internal Audit
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138(1)
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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)
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Public Limited Companies
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·
Turnover
of Rs.200 more (or)
·
Outstanding
loans or borrowings of Rs.100 crores or more
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Private Limited Companies
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9
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Secretarial Audit
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204(1)
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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
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All Public
Limited Companies
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10
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Nomination and
Remuneration Committee
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177(1)
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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.
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All Public
Limited Companies
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11
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Audit Committee
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177(1)
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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.
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All Public
Limited Companies
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12
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Stakeholders
Relationship Committee
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Every company
having more than 1000 shareholders, debenture holders, deposit holders
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Both public and Private Ltd
Companies
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13
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Corporate Social
Responsibility Committee
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135
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·
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
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Both public and
Private Ltd Companies
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14
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Annual Return
Certificate
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92 (1)
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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
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All Public
Limited Companies
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15
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Signing of
Annual; Return
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92 (1)
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·
All
Listed Companies
·
All
Public Companies
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Public Limited
Companies
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·
Paid-up
Capital Exceeding Rs.50 Lakhs
·
Turnover
exceeding Rs.2 Crores
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Private Limited Companies
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16
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Vigil Mechanism
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177(9)
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·
All
Listed Companies
·
Companies
accepting deposits from public
·
Companies
which had borrowed from Public Financial institutions and Banks exceeding
Rs.50 Crores
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Both public and Private Ltd
Companies
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17
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Rotation of
Auditor
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139(2)
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·
Listed
Companies
·
Other
public limited companies having a
Paid-up
Share Capital of Rs.10 Crores or more
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Public Limited
Companies
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·
Paid-up
Share Capital of Rs.20 Crores or more
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Private Limited
Companies
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18
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Related Party
Transaction
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188
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·
Sale,
Purchase or supply of any goods or materials (or)
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Exceeding 10% of
Turnover or Rs.100 Crores, whichever is lower
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Special Resolution is required
– applicable to both public limited companies and private limited companies
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·
Selling
or otherwise disposing(or)
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Exceeding 10% of
Net Worth
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As
above
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·
Leasing
of property of any kind
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Exceeding 10% of
Net Worth or Turnover of Rs.100 Crores, whichever is lower.
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As\
above
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·
Availing
or rendering of any services
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Exceeding 10% of
Net Worth or Turnover of Rs.50 Crores, whichever is lower.
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As
above
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·
Appointment
to any office or place of profit or its subsidiary company
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Monthly
Remuneration exceeding Rs.2.5 Lakhs
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As
above
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·
Remuneration
for underwriting of subscription
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Exceeding
1% of Net Worth
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As
above
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Mandatory appointment of whole-time Company Secretary (as KMP) pursuant to Section 203 (1) applies only with respect public companies, whether listed or unlisted.
ReplyDeleteIt is not mandatory for private companies to appoint a whole-time Company Secretary pursuant to Section 203 (1), as you have mentioned.