Studyhatch Forum -Company Law

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Whether a private Company having paid-up share capital of rupees 45 lakhs and turnover of Rs. 20 crores as per last audited balance sheet will be treated as small company?
Solution

It is not a small company. Section 2(85) defines a small company as 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 five crore rupees; or (ii) turnover of which as per its last profit and loss account does not exceed 2 crore rupees or such higher amount as may be prescribed which shall not be more than twenty 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. Note : The Companies Act, 2013 is referred to as ?the Act? or CA, 2013 at several places. This means that a private company shall not be covered in the definition of small company if either its paid up share capital exceeds Rs. 50 lakhs or its turnover exceeds Rs. 2 crores. Since the turnover of this company is more than Rs 2 crores i.e. Rs. 20 Crores, it will not be a small company. 4.

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