Comment on the following: (i) A Company under Section 8 can be registered as a Small Company under the provisions of the Companies Act, 2013.

As per Section 2(85) of the Companies Act, 2013 small company means a company, other than a public company, Paid-up share capital of which does not exceed fifty lakh rupees or such higher amount as may be prescribed which shall not be not more than ten crore rupees; and Turnover of which 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. Further proviso to Section 2(85) of the Companies Act, 2013 provides that nothing in Section 2(85) shall apply to – A holding company or a subsidiary company; or A company registered under section 8; or A company or body corporate governed by any special Act. Accordingly, as per the above provisions, a Company registered under Section 8 cannot be treated as Small Company or a Company under Section 8 cannot be registered as Small Company.