, LIMITS PRESCRIBED UNDER COMPANIES ACT 2013 ~ CS GAURAV SHARMA

April 26, 2016

LIMITS PRESCRIBED UNDER COMPANIES ACT 2013





S. No
Particulars
Brief Description of the Provision/ Limits prescribed
1
Annual Return. Sec. 92
Certification by PCS:
Listed company or a company having paid-up share capital of 10 crore or more or turnover of 50 crore or more shall be certified by a PCS or incase company does not have whole time CS other than OPC or Small Company
2
Woman Director
1.Every Listed Company
2. Every public limited company having
I. Paid up share capital of 100 crore or more ii. Turnover of 300 Crore or more
3
Independent Directors
Sec. 149 (4)
Min. 2 Ind. Director for all Public companies  having
i)            paid up share capital of 10 crore rupees or more
ii)           turnover of 100 crore rupees or more
iii)          in aggregate, outstanding loans, debentures and deposits
exceeding 50 crore rupees.
4
Vigil Mechanism-

Sec 177(9)
a)    Listed Company
b)   Companies which accept deposits from the public
c)    Companies which have borrowings from banks and public financial
institutions in excess of 50 crore rupees
5 &
6
OPto convert itself into a
private co/ Small Company
Where paid up share capital of OPC exceeds 50 lakh or average annual
turnover during the relevant period exceeds 2 crore.
(Same limit for Small co definition also- Not to exceed these limits)
7
Companies to have KMP-
Sec. 203
1.Every Listed Company and
2. Every other public company having a paid-up share capital of Ten  crore rupees or more. (For Co Secy alone,  the limit is reduced to 5 crore paid up capital)
8
Secretarial audit report
Sec. 204
1. Every Listed Company or
2. Public company having paid-up share capital of 50 crore or more or
3. Public company having a turnover of 250 crore or more.
9
Annual performance evaluation
of Board, Committee and individual Director must
1.Every Listed Company
2. Every public limited company having Paid up capital of 25 crore or more.
10
Audit Committee & Nomination
and Remuneration Committee must
i)  All listed Companies
ii) All public companies with a paid up capital of 10 crore or more;
iii) All public companies having turnover of 100 crore or more;
iv) All public companies, having in aggregate, outstanding loans or borrowings or debentures or deposits exceeding 50 crore or more
11
CSR applicability
Sec. 135
Every Company, having
i)            Net worth of 500 crore or more  or
ii)           Turnover of 1000 crore or more  or
iii)          Net profit of 5 crore or more
12
Companies required to appoint
Internal Auditor

(Sec.138)

Existing Companies to comply within 6 months from
01.04.2014
(a) every listed company;
(b) every unlisted Public company having-
(i)           paid up share capital of 50 crore or more
(ii)          turnover of 20crore or more
iii)          outstanding loans /borrowings exceeding 100 crore or more
iv)           outstanding deposits of 25 crore or more
(c) every private company having-
(i) turnover of 200 crore rupees or more or
(ii) outstanding loans /borrowings exceeding 100 crore or more







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