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Microlesson · 5-min read

Section 2(85) Small Company

# Section 2(85) — Small Company

## Concept

The 'small company' concept was introduced in the Companies Act, 2013 to give regulatory relief to genuinely small private companies. They enjoy several relaxations (e.g., abridged Board's report, fewer Board meetings, exemption from cash flow statement, lower penalties under Section 446B, etc.).

## Statutory Definition (as amended)

> 'Small company' means a company, other than a public company, —

> (i) paid-up share capital of which does not exceed ₹4 crore or such higher amount as may be prescribed which shall not be more than ₹10 crore; and

> (ii) turnover of which as per profit and loss account for the immediately preceding financial year does not exceed ₹40 crore or such higher amount as may be prescribed which shall not be more than ₹100 crore.

## Current Thresholds (as per Companies (Specification of Definitions Details) Rules, post-2022 amendment)

CriterionLimit
Paid-up share capitalNot exceeding ₹4 crore
TurnoverNot exceeding ₹40 crore

> ⚠️ Both conditions must be satisfied simultaneously.

## Companies that CANNOT be a Small Company (Excluded)

The following are expressly excluded even if they meet the size thresholds:

1. A Public Company — small company is by definition a private company.

2. A Holding Company or a Subsidiary Company.

3. A company registered under Section 8 (companies with charitable objects).

4. A company or body corporate governed by any Special Act.

## Why exclude these?

  • Public companies & their subsidiaries are presumed to have a wider public interest — they should not enjoy small-company relaxations.
  • Section 8 companies have a separate concessional regime.
  • Companies under special Acts (e.g., banking, insurance) have their own compliance framework.

## Benefits of being a Small Company

  • No need to prepare Cash Flow Statement as part of financial statements.
  • Annual Return can be signed by a Director (CS not required).
  • Only 2 Board Meetings per year are required (instead of 4).
  • Lesser penalties under Section 446B (half the penalty applicable to other companies).
  • No mandatory rotation of auditors.
  • Abridged Board's report.

Worked example

### Example 1

Example 1 — Qualifying as Small Company: XYZ Pvt. Ltd. has paid-up capital of ₹3 crore and turnover of ₹35 crore in FY 2024-25. It is not a holding/subsidiary/Section 8/special-Act company. ✅ Both conditions satisfied — it qualifies as a Small Company in FY 2025-26.

### Example 2

Example 2 — Subsidiary disqualification: ABC Pvt. Ltd. has paid-up capital of ₹50 lakh and turnover of ₹2 crore (well within limits). However, it is a wholly-owned subsidiary of LMN Ltd. ❌ It is expressly excluded from being a 'small company' because of its subsidiary status.

### Example 3

Example 3 — Failing one criterion: PQR Pvt. Ltd. has paid-up capital of ₹2 crore but turnover of ₹50 crore. ❌ Turnover exceeds ₹40 crore — it is NOT a small company. Both conditions must be met.

⚠️ Common exam mistakes

  • Treating 'small company' as a separate type of incorporation — it is merely a status enjoyed by certain private companies that meet the size test.
  • Applying the limits as 'either-or' — both paid-up capital AND turnover conditions must be satisfied.
  • Including holding or subsidiary companies as small companies — they are expressly excluded irrespective of size.
  • Using outdated thresholds (₹50 lakh / ₹2 crore from the original 2013 Act, or ₹2 crore / ₹20 crore from earlier amendment). Current limits are ₹4 crore and ₹40 crore.
  • Forgetting that a Section 8 company can never be a small company even if it is small in size.
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 fifty lakh 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 two 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.
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