Companies (Specification of Definitions Details) Amendment Rules, 2021, notified by MCA

MCA notifies the Companies (Specification of Definitions Details) Amendment Rules, 2021, applicable w.e.f. 01/04/2021, to revise threshold for paid up capital/ turnover for Small Companies.

In line with the vision of the Government of India, the definition under the Companies Act, 2013 for Small Companies has now been revised by increasing their thresholds for Paid up capital from “not exceeding Rs 50 lakh” to “not exceeding Rs 2 crore” & Turnover from “not exceeding Rs 2 crore” to “not exceeding Rs 20 crore”. This is expected to benefit more than two lakh companies in terms of lesser compliances, lesser filing fees and lesser penalties (in the event of any defaults):

i) No need to prepare Cash flow statement as part of financial statement.

ii) Where other companies require providing details of remuneration to directors and key managerial personnel, small companies are required to provide details of the only aggregate amount of remuneration drawn by directors in its Annual Return.

iii) Mandatory rotation of auditor not required.

iv) An Auditor of small companies is not required to report on the adequacy of the internal financial controls and its operating effectiveness in the auditor’s report.

v) Hold only two board meetings in a year.

vi) Annual Return of the company can be signed by the Company Secretary, or where there is no company secretary, by a single director of the company.

vii) Lesser penalties for Small Companies.

viii) Lesser filing fees for Small Companies.

MCA Notification dt. 01/02/2021 : Companies (Specification of Definitions Details) Amendment Rules, 2021

G.S.R. 92(E).- In exercise of the powers conferred by sub-sections (1) and (2) of section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Specification of Definitions Details) Rules, 2014, namely:-

1. Short title and commencement:-

(1) These rules may be called the Companies (Specification of Definitions Details) Amendment Rules, 2021.

(2) They shall come into force on the 1st day April, 2021.

2. In the Companies (Specification of Definitions Details) Rules, 2014, in the rule 2, in sub-rule (1), after clause (s), the following clause shall be inserted, namely:-

(t) For the purposes of sub-clause (i) and sub-clause (ii) of clause (85) of section 2 of the Act, paid up capital and turnover of the small company shall not exceed rupees two crores and rupees twenty crores respectively.

[F. No. 1/13/2013 CL-V, Part I]

Note:- The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 238(E), dated 31st March, 2014 and was last amended vide number G.S.R. 433(E) dated the 7th May, 2018.

MCA Updates (Company Law)
Company Law General Circulars, Notifications, Orders, etc. issued by the Ministry of Corporate Affairs (MCA), in different years:
MCA General Circulars: 2021, 2020, 2019, 2018, 2017, 2016
MCA Notifications: 2022, 2021, 2020, 2019, 2018, 2017, 2016, 2015
MCA Orders: 2020, 2019, 2018, 2017, 2016, 2015
IBBI Notifications: 2021
Note: For Official/ updated copy, please visit the MCA website.

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