Launch offer — 25% off with code LAUNCH-25 See plans →
Microlesson · 5-min read

Small Company - Definition under Section 2(85)

# Small Company [Section 2(85)]

## Concept

A small company is essentially a private company with limited scale of operations. The law gives small companies several relaxations (lesser compliances, reduced filings, etc.) to ease their regulatory burden.

## Twin Thresholds (BOTH must be satisfied)

A company is a small company if it is not a public company AND it meets both of the following:

TestLimitMaximum Permitted by Rules
(i) Paid-up share capital≤ ₹4 croreUp to ₹10 crore (as may be prescribed)
(ii) Turnover (as per P&L of immediately preceding FY)≤ ₹40 croreUp to ₹100 crore (as may be prescribed)

If even one limit is breached, the company ceases to be a small company.

## Companies EXPRESSLY EXCLUDED (cannot be small companies even if within limits)

1. A Holding company or a Subsidiary company

2. A Section 8 company (non-profit / charitable)

3. A company or body corporate governed by any special Act (e.g., LIC, RBI, SBI)

## Key Takeaways

  • The thresholds are cumulative — both capital AND turnover tests must be met.
  • A public company is never a small company, regardless of size.
  • Turnover is tested with reference to the immediately preceding financial year's P&L.
  • The status can change yearly based on financial performance.

Worked example

### Example 1

Example 1: ABC Pvt Ltd has paid-up capital of ₹3 crore and turnover of ₹35 crore in the preceding FY. It is not a subsidiary or holding. → Small Company (both tests satisfied, not in excluded category).

### Example 2

Example 2: XYZ Pvt Ltd has paid-up capital of ₹2 crore and turnover of ₹50 crore. → NOT a small company — fails the turnover test (>₹40 crore).

### Example 3

Example 3: PQR Pvt Ltd has paid-up capital of ₹3 crore and turnover of ₹30 crore but is a subsidiary of LMN Ltd. → NOT a small company — excluded as a subsidiary even though limits are met.

### Example 4

Example 4: A public limited company with capital of ₹1 crore and turnover of ₹10 crore. → NOT a small company — a public company can never be a small company.

⚠️ Common exam mistakes

  • Applying the OR test instead of the AND test — both capital and turnover limits must be satisfied.
  • Forgetting that holding/subsidiary, Section 8, and special-Act companies are excluded even when limits are met.
  • Using turnover of the current FY instead of the immediately preceding FY's P&L.
  • Treating the prescribed maximums (₹10 crore capital, ₹100 crore turnover) as the threshold — they are statutory CEILINGS for future Rule changes, not the operative limit (which is ₹4 crore / ₹40 crore).
  • Forgetting that a One Person Company (which is private) can also qualify as a small company if thresholds are met.
Bare-Act text Section 2(85) · Companies Act, 2013 · click to expand
Section 2(85): 'small company' means a company, other than a public company,— (i) paid-up share capital of which does not exceed four crore rupees or such higher amount as may be prescribed which shall not be more than ten crore rupees; and (ii) turnover of which as per profit and loss account for the immediately preceding financial year does not exceed forty crore rupees or such higher amount as may be prescribed which shall not be more than one hundred crore rupees: Provided that nothing in this clause shall apply to— (A) a holding company or a subsidiary company; (B) a company registered under section 8; or (C) a company or body corporate governed by any special Act.
Now that you've read this — what's next?
Move from understanding → mastery in 3 clicks. Each option below picks up from this lesson's topic.
Start 15-min diagnostic