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Microlesson · 5-min read

Small Company [Section 2(85)]

# Small Company [Section 2(85)]

## Concept

A Small Company is essentially a private company that meets prescribed threshold limits of paid-up capital and turnover. The classification provides regulatory relief — fewer compliance burdens, simpler procedures.

## Definition – Section 2(85)

A small company means a company, other than a public company, which satisfies BOTH the following conditions:

CriterionThreshold
Paid-up share capitalNot exceeding ₹4 crore (or such higher amount as prescribed, subject to a maximum of ₹10 crore)
Turnover (as per P&L of immediately preceding F.Y.)Not exceeding ₹40 crore (or such higher amount as prescribed, subject to a maximum of ₹100 crore)

## Exclusions – Who Cannot be a Small Company

Even if the thresholds are met, the following can never be small companies:

1. A holding company or a subsidiary company

2. A company registered under Section 8 (non-profit company)

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

## Key Points to Remember

  • A small company is always a private company — public companies are excluded by definition.
  • Both the paid-up capital test AND the turnover test must be satisfied. Failing either disqualifies the company.
  • The thresholds use the words "does not exceed," so a company at exactly ₹4 crore paid-up capital qualifies; one at ₹4.01 crore does not.
  • The ceiling values (₹10 crore / ₹100 crore) represent the upward limit the Government may prescribe via rules; the current rule-prescribed limits are ₹4 crore and ₹40 crore respectively.

## Why This Matters (Pedagogical Insight)

Small companies enjoy relaxations such as: simpler board meeting requirements (only 2 meetings a year with a 90-day gap), exemption from cash flow statement, abridged annual return, etc. Recognising whether a company qualifies as "small" affects almost every compliance question in CA Inter Law.

Worked example

### Example 1

Example 1: ABC Pvt Ltd has paid-up capital of ₹3 crore and turnover of ₹35 crore in F.Y. 2023-24. It is not a subsidiary of any company. → It is a small company (both thresholds satisfied; no disqualification).

### Example 2

Example 2: PQR Pvt Ltd has paid-up capital of ₹2 crore and turnover of ₹50 crore. → It is NOT a small company (turnover exceeds ₹40 crore — turnover test fails even though capital test passes).

### Example 3

Example 3: XYZ Pvt Ltd has paid-up capital of ₹1 crore and turnover of ₹10 crore. It is a wholly-owned subsidiary of LMN Ltd. → It is NOT a small company (subsidiary companies are explicitly excluded, regardless of size).

⚠️ Common exam mistakes

  • Treating either capital or turnover test as sufficient — BOTH conditions must be satisfied simultaneously.
  • Forgetting that holding/subsidiary companies, Section 8 companies, and special-Act companies are excluded irrespective of size.
  • Confusing the rule-prescribed thresholds (₹4 crore / ₹40 crore) with the maximum statutory ceiling (₹10 crore / ₹100 crore).
  • Classifying a public company as a small company — public companies are explicitly excluded by the opening words of Section 2(85).
  • Using current year's turnover instead of immediately preceding financial year's turnover (as per P&L).
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.
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