Article explains various Threshold Limits under Companies Act, 2013 including the Threshold Limits for being considered as Small Company, for Acceptance of Deposits, for filing Annual Return, Formal Annual Evaluation, for applicability of Corporate Social Responsibility, XBRL, for appointment of Internal Auditor, for Appointment of Auditors (Term- wise), Women Director, Independent Director, Vigil Mechanism, Audit Committee, Nomination and Remuneration Committee, Stakeholders Relationship Committee, Appointment of MD/CEO/Manager /WTD, CS & CFO, Appointment of CS and Secretarial Audit-
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S. No. |
Title | Section – Companies Act, 2013 | Applicability | Threshold |
| 1. | Small Company | 2(85) | Private Company | PUC – Upto Rs.2 Cr
TO – Upto Rs.20 Cr |
| 2. | Acceptance of Deposits | 76 & CG Rules | Public Company | NW – Not less than Rs. 100 Cr TO – Not less than Rs. 500 Cr GM – Special resolution |
| 3. | Annual Return | 92(2) & Rule
11 |
1. Listed
2. Public 3. Private |
1. Small Company & OPC- Form MGT-7A
2. Every other Company – Form MGT-7 3. Listed + Others = Form MGT-8 (PCS Certification)
|
| 4. | Formal Annual Evaluation | 134(3)(p) &
Rule 8(4) |
1. Listed
2. Public |
1. Every Listed Company
2. PUC– Rs. 25 Cr or more |
| 5. | Corporate Social Responsibility | 135 | Every Company | TO – Rs.1000 Cr or more NW – Rs. 500 Cr or more NP – Rs. 5 Cr or more |
| 6. | XBRL Applicability | 137 & Rule 3 | 1. Listed & its Indian Subsidiaries
2. All Companies |
1. Every Listed Company
2. PUC- Rs.5 Cr or more 3. TO –Rs.100 Cr or more 4. FS as per Ind AS Rules |
| 7. | Internal Auditor | 138 & Rule 13 | 1. Listed
2. Unlisted Public 3. Private |
1. Every Listed Company
2. Unlisted Public Company: PUC– Rs. 50 Cr or more TO – Rs. 200 Cr or more O/s Loans or Borrowings– exceeding Rs.100 Cr O/s Deposits – Rs. 25 Cr or more 3. Private Company: TO- Rs. 200 Cr or more O/s Loans or Borrowings– exceeding Rs.100 Cr |
| 8. | Appointment of Auditors (Term- wise) | 139 & Rule 5 | 1. Listed
2. Unlisted Public 3. Private |
1. Every Listed Company
2. Unlisted Public Company: PUC- Rs. 10 Cr or more 3. Private Company: PUC- Rs. 50Cr or more 4. All Companies: Borrowings-Rs. 50 Cr or more Public Deposits- Rs. 50 Cr or more |
| 9. | Women Director | 149 & Rule 3 | 1. Listed
2. Public |
1. Every Listed Company
2. PUC- Rs. 100 Cr or more TO– Rs. 300 Cr or more |
| 10. | Independent Director | 149 & Rule 4 | 1. Listed
2. Public |
1. Every Listed Company
2. PUC- Rs. 10 Cr or more TO– Rs. 100 Cr or more O/s Loans/Deposits– exceeding Rs. 50 Cr |
| 11. | Vigil Mechanism | 177(9) &Rule
7 |
1. Listed
2. Public 3. Private |
1. Borrowings- more than Rs. 50 Cr
2. Companies accepting Deposits from Public |
| 12. | Audit Committee | 177 & Rule 6 | 1. Listed
2. Public |
1. Every Listed Company
2. PUC– Rs. 10 Cr or more TO– Rs. 100 Cr or more O/s Loans/Deposits- exceeding Rs. 50 Cr |
| 13. | Nomination and Remuneration Committee | 178(1) | 1. Listed
2. Public |
1. Every Listed Company
2. PUC– Rs. 10 Cr or more TO– Rs. 100 Cr or more O/s Loans/Deposits- exceeding Rs. 50 Cr |
| 14. | Stakeholders Relationship Committee | 178(5) | Every Company | Company having more than 1000 security holders. |
| 15. | Appointment of MD/CEO/Manager /WTD, CS & CFO | 203 & Rule 8 | 1. Listed
2. Public |
1. Every Listed Company
2. PUC– Rs. 10 Cr or more |
| 16. | Appointment of CS | 203 & Rule 8A | Private | PUC- Rs. 10 Cr or more |
| 17. | Secretarial Audit | 204 & Rule 9 | 1. Listed
2. Public 3. Private |
1. Every Listed Company
2. Public Company: PUC– Rs. 50 Cr or more TO – Rs. 250 Cr or more 3. Every Company: O/s Loans /Borrowings– Rs. 100 Cr or more |
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