The CSR laws in India makes it mandatory for corporates to spend on their social responsibility provided they meet a few specific criteria related to either of their Net Worth, Turnover or Net Profit.
In this section of the Frequently Asked Questions (FAQs) on CSR, TheCSRUniverse brings you answers specific to CSR applicability for Corporates.
So, what are the criteria that brings CSR obligation to a corporate? The CSR laws are applicable to which type of companies?
Read the QnA below to get answers to your queries…
Q: Which companies qualify for CSR under the Companies Act, 2013?
A: A company falling under any of the three following criteria during the immediately preceding financial year is required to comply with CSR provisions specified under section 135(1) of the Companies Act, 2013:
(i) net worth of rupees five hundred crore or more, or
(ii) turnover of rupees one thousand crore or more, or
(iii) net profit of rupees five crore or more.
Q: Whether a holding or subsidiary of a company falling under CSR criteria under section 135(1) has to comply with the provisions of section 135, even if the holding or subsidiary itself does not fulfil the criteria?
A: No, the compliance with CSR requirements is specific to each company. A holding or subsidiary of a company is not required to comply with the CSR provisions unless the holding or subsidiary itself fulfils the eligibility criteria prescribed under section 135(1) stated above.
Example: Company A is covered under the criteria mentioned in section 135(1). Company B is holding company of company A. If Company B by itself does not satisfy any of the criteria mentioned in section 135(1), Company B is not required to comply with the provisions of section 135.
Q: Whether provisions of CSR are applicable to a section 8 Company?
A: Yes, section 135(1) of the Act commences with the words "Every company........" and thus applies to section 8 companies as well.
Q: Whether CSR provisions apply to a company that has not completed the period of three financial years since its incorporation?
A: Yes. If the company has not completed three financial years since its incorporation, but it satisfies any of the criteria mentioned in section 135(1), the CSR provisions including spending of at least two per cent of the average net profits made during immediately preceding financial year(s) are applicable.
Example: Company A is incorporated during FY 2018-19, and as per eligibility criteria the company is covered under section 135(1) for FY 2020-21. The CSR spending obligation under section 135(5) for Company A would be at least two per cent of the average net profits of the company made during FY 2018-19 and FY 2019-20.
