, Corporate Social Responsibility FAQ companies act 2013 ~ CS GAURAV SHARMA

October 29, 2015

Corporate Social Responsibility FAQ companies act 2013

FAQ on Company Law CSR :-
Query: I have a query regarding CSR on which I need some clarifications from your side. My query is -If total amount of charitable contribution proposed to be made to fund not connected with company or employees is upto 7% of average Net Profit of preceding 3 financial years which also includes 2% of CSR activity. Then whether we are required to take shareholder’s approval as well?

Answer: As per section 181 of Companies Act 2013, the board of a company may contribute to bonafide charitable and other funds upto 5% of its average net profits for the three immediately preceding financial years without obtaining prior approval of shareholders in general meeting.
Whereas, as per section 135 of companies act 2013, a company may contribute 2% of its average net profit for the three immediately preceding financial years, as a CSR activity.
Thus a company may contribute fund to charitable trust, etc. upto 7% including 2% as CSR activity without approval of shareholders.


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