Sr. No.
|
Provision under
Companies Act, 2013
|
Applicability
of Provision
|
Non-Applicability
of provision
|
|
1
|
XBRL Filing
|
a)
companies listed with any Stock Exchange(s) in India
|
a)
Banking Companies
|
|
Section 137
read with rule 3 of Companies (Filing of Documents and forms in Extensible Business Reporting
Language) Rules, 2015
|
b) Subsidiaries
of any Company Listed with any Stock Exchange(s) in India.
|
b)
Insurance Companies
|
||
c) All
companies having paid up Capital of Rs. 5 Crore (five
crore) or above.
|
c)
Power Companies
|
|||
d) All
companies having Turnover of Rupees 100 Crore (one hundred
crore) or above.
|
d)
Non-Banking Financial Companies
|
|||
e) All
Companies which are required to prepare
their Financial Statements in accordance with Companies (Indian Accounting Standards) Rules, 2015
and the Companies who were filing in XBRL mode under Companies Act, 1956
|
||||
2
|
Companies
(Auditor's Report), 2016
|
It
shall apply to Every Company including a Foreign Company as defined
in clause (42) of Section 2 of the Companies Act, 2013 except some companies
given in next column.
|
• A Banking
Company
|
|
Section 143
read with rule 1(2) of the Companies (Auditors Report) Order, 2016
|
•
An Insurance Company
|
|||
•
A Section 8 Company
|
||||
•
A One Person Company
|
||||
•
A Small Company
|
||||
•
A Private Limited Company which is not holding or subsidiary company of any
public Company
|
||||
•
A Pvt ltd Company having Paid Up Capital and Reserves not more than Rs. 1
crore
|
||||
•
Where the total borrowings from any bank or any financial institution at any
point in time during the FY does not exceed Rs. 1crore
|
||||
•
Where the total revenue does not exceed Rs. 10 crores during the financial year.
|
||||
3
|
Cash Flow
Statement
|
All Companies
Except Given In Next Column required to prepare the Cash Flow
Statement.
|
a)
One Person Company
|
|
As per Section
2(40) of Companies Act, 2013
|
b)
Small company
|
|||
c)
Dormant company
|
||||
d)
Startup company
|
||||
4
|
Internal
Auditor
|
a)
All Listed Companies
|
||
Section
138 read with Rule 13(1) Companies
(Accounts) Rules, 2014
|
b)
Every unlisted Public company having:
|
|||
• Paid
Up Share capital of 50 Crore (Fifty crore) rupees or more during the
preceding financial year
|
||||
• Turnover
of 200 Crore (two hundred crore) rupees or more during the preceding
financial year
|
||||
• Outstanding
loans or borrowings from banks or public financial
institutions exceeding 100 Crore(one hundred Crore) rupees or more at
any point of time during the preceding financial year; or
|
||||
• Outstanding
Deposits of 25 Crore (twenty five crore) crore rupees or more
at any point of time during the preceding financial year; and
|
||||
c)
Every Private Company having;
|
||||
• Turnover of 200
Crore (two hundred crore) rupees or more during the preceding financial
year
|
||||
• Outstanding
loans or borrowings from banks or public financial
institutions exceeding 100 Crore (one hundred crore) rupees or more at
any point of time during the preceding financial year;
|
||||
5
|
Certification
of Annual Return by PCS (MGT-8) –
Section 92 and
Rule 11 of Companies (Management & Administration) Rules, 2014
|
a)
All Listed Companies
|
||
b) Every
Company having;
|
||||
• Paid-Up
share capital of 10 Crore (Ten Crore) rupees or more or
|
||||
• Turnover of 50
Crore (fifty Crore) rupees or more
|
||||
6
|
Signing of
Annual Return by a Company Secretary and if no CS then form PCS.
|
a)
All Listed Companies
|
In below
mentioned Companies, from CS, if no CS then from Director only, No need to
sign by PCS
|
|
Section 92 of
the Companies, 2013
|
b)
All Unlisted public Companies
|
a)
One Person Company
|
||
c) Private
Limited Company having:
|
b)Small
company
|
|||
• Paid
up share Capital Exceeding 50 lac; or
|
c)
Startup Company
|
|||
• Turnover
exceeding 2 Crore
|
||||
7
|
Appointment of
Whole time KMP
Section 203
read with Rule 8 and 8A Companies (Appointment and Remuneration) Rules, 2014
|
Appointment of
Key Managerial Personnel (KMP) is mandated for the following categories of
companies :
(i) Listed companies; (ii) Public companies with paid up capital of Rs.10 crores or more companies |
Not applicable to Private limited Company
except the provision of Appointment of CS.
|
|
(iii) other
than those mentioned above with paid up capital of Rs. 5 crores or more are
required to appoint a whole time Company Secretary (CS)
|
||||
8
|
Secretarial
Audit
|
a)
All Listed Companies
|
Private limited
Company
|
|
Section 204
read with Rule 9 (1) Companies (Appointment and Remuneration) Rules, 2014
|
b)
Every Public Company having;
|
|||
• Paid-Up
Share Capital of Rs. 50 Crore (fifty crore rupees) or more; or
|
||||
• Every Public
Company having a Turnover of Rs. 250 Crore (two hundred fifty
crore rupees) or more
|
||||
9
|
Independent
Director
|
a)
All Listed Companies - Minimum 1/3rd of total directors as
Independent Directors
|
Private limited
Company
|
|
Section 149
read with Rule 4 of Companies (Appointment and Qualification of Directors)
Rules, 2014
|
b)
The Unlisted Public Companies having Paid Up Share capital
of Rs. 10 Crore (ten crore rupees) or more (At Least 2
Independent Directors)
|
|||
c)
The Unlisted Public Companies having Turnover of Rs. 100
Crore (one hundred crore rupees) or more (At Least 2 Independent
Directors)
|
||||
d)
The Unlisted Public Companies which have, in aggregate, outstanding
loans, debentures and deposits, exceeding Rs. 50 Crore (fifty Crore
rupees) (At Least 2 Independent Directors)
|
||||
10
|
Audit Committee
|
a)
All Listed Companies
|
IFSC Public
Companies
|
|
Section 177
read with Rule 7(1) of Companies (Meeting of Board and its Powers) Rules,
2014
|
b)
Every unlisted Public Company having Paid-Up Share Capital
of Rs. 10 Crore (Ten crore rupees) or more, or
|
Private limited
Company
|
||
c)
The Unlisted Public Companies having Turnover of Rs. 100 Crore
(one hundred crore rupees) or more, or
|
||||
d)
The Unlisted Public Companies which have, in aggregate, outstanding
loans, debentures and deposits, exceeding Rs. 50 Crore (fifty Crore
rupees)
|
||||
11
|
Nomination and
Remuneration Committee
|
a)
All Listed Companies
|
IFSC Public
Companies
|
|
Section 178
read with Rule 6 of Companies (Meeting of Board and its Powers) Rules, 2014
|
b)
Every unlisted Public Company having Paid-Up Share Capital
of Rs. 10 Crore (Ten crore rupees) or more, or
|
Private limited
Company
|
||
c)
The Unlisted Public Companies having Turnover of Rs. 100 Crore
(one hundred crore rupees) or more, or
|
Section 8
Companies
|
|||
d)
The Unlisted Public Companies which have, in aggregate, outstanding
loans, debentures and deposits, exceeding Rs. 50 Crore (fifty Crore
rupees)
|
||||
12
|
Women Director
|
a)
All Listed Companies
|
Private limited
Company
|
|
Section
149 read with Rule 3 of Companies
(Appointment and Qualification of Directors) Rules, 2014
|
b)
Every Public Company having a Paid-Up Share Capital of Rs. 100
Crore (One Hundred crore rupees) or more; or
|
|||
c)
Every Public Company having a Turnover of Rs. 300 Crore (Three
Hundred Crore rupees) or more
|
||||
13
|
Vigil Mechanism
|
a)
All Listed Companies
|
||
Section 177
read with Rule 7(1) of Companies (Meeting of Board and its Powers) Rules,
2014
|
b) The Unlisted
Company which accept deposits from the public;
|
IFSC Public
Companies
|
||
c) The Unlisted
companies which have borrowed money from banks and public financial
institutions in excess of Rs. 50 crore (Rupees Fifty Crore only)
|
||||
14
|
Corporate
Social Responsibility (CSR)
|
a) Every
company having net worth of rupees 500 Crore (five hundred
crore) or more;
|
IFSC Public and
IFSC Private Companies for a period of 5 years from the commencement of
business
|
|
Section 135 (1)
read with Rule 3 of Companies (CSR
Policy) Rules, 2014
|
b) Every
company having turnover of rupees 1000 crore (one thousand
crore) or more;
|
|||
c) Every
company having net profit of rupees 5 crore (five Crore) or
more ;
|
||||
15
|
Appointment
& reappointment of Auditor and Rotation of Auditors: Companies shall not
appoint or re-appoint:
|
a)
All Listed Companies
|
One person
Company
|
|
An individual
as auditor for more than one term of five consecutive years; and
|
b)
Every Public Company having Paid-Up Share Capital of Rs. 10
Crore (Ten crore rupees) or more.
|
Small Company
|
||
An audit firm
as auditor for more than two terms of five consecutive years.
|
c)
Every Private Limited Company having Paid-Up Share Capital
of Rs. 50 Crore (Fifty crore rupees) or more.
|
|||
Section
139 read with Rule 5 Companies (Audit
and Auditors) Rules, 2014
|
d) All
Companies having public borrowings from Financial Institutions,
banks or public deposits of Rs. 50 Crore (Rupees Fifty Crore
only) or more.
|
|||
16
|
Voting by
Electronic Means in General Meeting
|
1. Every
Company whose Equity Shares are listed on a recognized stock exchange and
|
i. Unlisted
Company and Company having less than 1000 members
|
|
Section 108
read with rule 20 (2) of Companies (Management and Administration) Rules,
2014
|
2. Every
company having 1000 or more members.
|
ii. An
enterprise or institutional investor referred to in Chapter XB or Chapter XC
of the SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2009
|
||
iii. Nidhi
Company
|
||||
17
|
Maintenance of
Records in Electronic Form
|
1. Listed
Companies
|
i. Unlisted
Company and Company having less than 1000 members
|
|
Section 120
read with rule 27(1) of Companies (Management and Administration) Rules, 2014
|
2. Company
having 1000 or more shareholders/members or debenture holders and other
security holders
|
ii. An
enterprise or institutional investor referred to in Chapter XB or Chapter XC
of the SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2009
|
||
iii. Nidhi
Company
|
||||
18
|
Disclosure in Board
Report for manner of formal annual evalution of Board of Directors and its
committees
|
1. Every Listed
Company
|
Govt Companies
|
|
Section 134
read with Rule 8 (4) of the Companies (Accounts) Rules, 2014
|
2. Public Companies
having paid up share capital of Rs. 25 Crore or more at the end of preceeding
financial year.
|
Private limited
Company
|
||
19
|
Circulation of
Financial statement in electronic format to shareholders holding shares in
demat mode or who have consented in writing or otherwise by any other mode
|
1. Listed
Companies
|
Private limited
Company
|
|
Section 136
read with rule 11 of Companies (Accounts) Rules, 2014
|
2. Public
Companies Having net worth Rs. 1 crore or more or
|
|||
3. Public
Companies having turnover Rs. 10 Crore or more.
|
||||
20
|
Maintenance of
Cost Records
|
Companies falling under list of Regulated
and non-regulated sectors having an overall turnover from all its products
and services during the immediately preceding financial year Rs. 35 Crore or
more.
|
1. Foreign
Companies Having only liaison offices falling under category 33 of Non-regulated
sector list as per rule 3
|
|
Section 148
read with rule 3 of Companies (Cost Records and Audit) Rules, 2014
|
2. Companies
classified as Micro or Small enterprise as per Micro, Small and medium
Enterprise Development Act, 2006
|
|||
21
|
Appointment of
Cost Auditors
|
1. Companies
Falling under list of regulated sectors having:
|
1. Companies
whose revenue from exports, in foreign exchange, exceeds 75% of its total
revenue, or
|
|
Section 148
read with rule 4 of Companies (Cost Records and Audit) Rules, 2014
|
(i) Overall
Annual Turnover from all its products and services during the preceeding
financial year Rs. 50 Crore or more, and
|
2. Company
which is operating from Special Economic Zone (SEZ)
|
||
(ii) Aggregate
turnover of the Individual product (s) or service (s) during the preceeding
financial year Rs. 25 crore or more.
|
3. Company
which is engaged in generation of electricity for captive consumption through
Captive Generating Plant.
|
|||
2. Companies
Falling under list of non-regulated sectors having:
|
||||
(i) Overall
Annual Turnover from all its products and services during the preceeding
financial year Rs. 100 Crore or more, and
|
||||
(ii) Aggregate turnover
of the Individual product (s) or service (s) during the preceeding financial
year Rs. 35 crore or more.
|
||||
22
|
Stakeholder
Relationship Committee
|
a)
All Public Companies having more than 1000 shareholders, debenture
holders, deposit holders and any other security holders at any time during a
financial year.
|
IFSC Public
Companies
|
|
Section 178 (5)
of the Companies Act, 2013
|
Private limited
Company
|
|||
Section 8
Companies
|
||||
23
|
Mandatory requirements
to comply with Indian Accounting Standards (Ind AS)
|
I. Companies
other than NBFCs:
|
Companies whose
securities are listed or are in the process of being listed on SME exchange
as referred to in the Institutional Trading Platform without initial public
offering in accordance with the provisions of the SEBI (ICDR) Regulations,
2009
|
|
Section 133
read with rule 4(1) of Companies (Indian Accounting Standards) Rules, 2015
|
1. For the
accounting periods beginning on or after 1st April, 2016:
|
|||
a. Companies
whose equity or debts securities are listed or are in the process of being
listed on any stock exchange in India or outside India and having net worth
of Rs. 500 Crore or more.
|
||||
b. Companies other
than point 1(a) and having net worth of Rs. 500 Crore or more.
|
||||
c. Holding,
Subsidiary, Joint Venture or Associate Companies of Companies covered above.
|
||||
2. For the
accounting periods beginning on or after 1st April, 2017:
|
||||
a. Companies
whose equity or debts securities are listed or are in the process of being
listed on any stock exchange in India or outside India and having net worth
of less than Rs. 500 Crore.
|
||||
b. Companies
other than point 2(a) and having net worth of Rs. 250 Crore or more but less
than Rs. 500 Crore.
|
||||
c. Holding,
Subsidiary, Joint Venture or Associate Companies of Companies covered above.
|
||||
II. NBFCs:
|
||||
1. For the
accounting periods beginning on or after 1st April, 2018:
|
||||
a.
Notwithstanding the other thresholds limit, the holding, subsidiary, joint
venture or associates companies of Schedule Commercial Banks (excluding RRBs)
would be required to prepare Ind AS based financial statements for accounting
periods beginning from 1st April, 2018.
|
||||
b. NBFCs having
net worth of Rs. 500 Crore or more.
|
||||
c. Holding,
Subsidiary, Joint Venture or Associate Companies of Companies covered above
other than those already covered under Category (I) above.
|
||||
2. For the accounting
periods beginning on or after 1st April, 2019:
|
||||
a. NBFCs whose
equity or debts securities are listed or are in the process of being listed
on any stock exchange in India or outside India and having net worth of less
than Rs. 500 Crore.
|
||||
b. NBFCs other
than point 2(a) and having net worth of Rs. 250 Crore or more but less than
Rs. 500 Crore.
|
||||
c. Holding,
Subsidiary, Joint Venture or Associate Companies of Companies covered above other
than those already covered under Category (I) & (II) above.
|
Contact Details:
VISHAL
SHARMA
Company
Secretary
Mob:
9716763754
Email:
csvishalpbs@gmail.com
FOR MORE ARTICLES VISIT TO:
http://csvishalsharma.blogspot.in/
Disclaimer: The Content is prepared on the basis of our general understanding and on the basis of relevant provision of Companies Act, 2013 read with rules made there under. The whole content is only for the knowledge sharing purpose, we do not take any responsibility for the correctness of the same.
Companies whose equity or debts securities are listed or are in the process are useful in this site
ReplyDeleteFast Track Exit!
Wow..Amazing blog.. This blog is very helpful for me. Thanks for sharing this information with us. Visit our website for One Person Company Compliance
ReplyDeleteThe above discussed information about Nidhi company is very useful and interesting. Nidhi Company is a type of Non-Banking Financial Company (NBFC). It is formed to borrow and lend money to its members.
ReplyDeleteNidhi Company Compliance in India
Hi,
ReplyDeleteThanks for such a valuable and information keep sharing !much helpful for more person .if want Partnership Firm Registration in delhi Company Incorporation Consultants in delhiclick on it
I really appreciate the work you have done, you explained everything in such an amazing and simple way.
ReplyDeleteWhere to register a trademark in India
very good content which is very helpful for me Thanks For Sharing this very informative blog about Company Return filing private limited ITR 6.
ReplyDelete