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Microlesson · 5-min read

Small Company [Sec. 2(85)]

# Small Company

## Definition

A Small Company is a company, other than a public company, that satisfies BOTH of the following criteria:

CriterionStatutory CapCurrently Prescribed (Revised)
Paid-up Share Capital≤ ₹ 50 Lakhs OR as prescribed (cannot exceed ₹ 10 Crores)≤ ₹ 4 Crores
Turnover (as per P&L of immediately preceding FY)≤ ₹ 2 Crores OR as prescribed (cannot exceed ₹ 100 Crores)≤ ₹ 40 Crores

Both conditions must be satisfied to qualify as a small company.

## Exclusions — These Can NEVER Be a Small Company

1. A Holding company or a Subsidiary company of any other company.

2. A Section 8 Company (non-profit).

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

4. A Public company (already excluded by the definition itself).

## Key Point

The turnover is to be checked for the immediately preceding financial year, as per the Profit & Loss Account.

Worked example

### Example 1

Example: ABC Pvt. Ltd. has Paid-up Capital of ₹ 3 Crores and Turnover of ₹ 35 Crores. It is a wholly-owned subsidiary of XYZ Ltd. Is ABC a small company?

Answer: No. Although ABC satisfies the PUSC limit (≤ ₹ 4 Cr) and turnover limit (≤ ₹ 40 Cr), it is a subsidiary of another company, which is an excluded category. Hence, ABC is NOT a small company.

### Example 2

Example: PQR Pvt. Ltd. has Paid-up Capital of ₹ 3.5 Crores and Turnover of ₹ 45 Crores. Is it a small company?

Answer: No. Although PUSC is within ₹ 4 Cr, the turnover (₹ 45 Cr) exceeds the prescribed limit of ₹ 40 Cr. Both conditions must be satisfied. Hence, NOT a small company.

### Example 3

Example: A Section 8 company has PUSC of ₹ 10 Lakhs and turnover of ₹ 50 Lakhs. Is it a small company?

Answer: No. Section 8 companies are specifically excluded from being classified as small companies, irrespective of their capital or turnover.

⚠️ Common exam mistakes

  • Treating the criteria as 'either/or' — both PUSC AND turnover limits must be satisfied.
  • Forgetting that a holding company or a subsidiary can never be a small company.
  • Forgetting that Section 8 companies are excluded.
  • Using the current year's turnover instead of the immediately preceding financial year.
  • Using the outdated statutory caps (₹ 50 Lakhs / ₹ 2 Crores) instead of the revised prescribed limits (₹ 4 Crores / ₹ 40 Crores).
Bare-Act text Sec. 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; (C) a company or body corporate governed by any special Act.
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