Pratham Food Trading Pvt. Ltd. has a paid up capital of ₹50 lakh and turnover of ₹1.20 crore in the last financial year 2017-18. The company has filed its annual return for the relevant financial year signed by only one

CS Executive · Setting up of Business Entities and Closure · PYQS · December 2018
Pratham Food Trading Pvt. Ltd. has a paid up capital of ₹50 lakh and turnover of ₹1.20 crore in the last financial year 2017-18. The company has filed its annual return for the relevant financial year signed by only one director of the company. With reference to the provisions of the Companies Act. 2013, analytically comment whether the act of the company is in order?

Answer & Explanation:

Sub section (85) of Section 2 of the Companies Act, 2013 defines "Small Company" as under - "Small Company" means a Company, other than a public company - Paid up 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 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 holding company or a subsidiary company; A company registered under section 8; or A company or body corporate governed by any special Act. By applying the above provision to the given problem, Pratham Food Trading Private Ltd would be a "Small Company" since it has paid up capital of ₹50 lakh and turnover of ₹1.20 crore in the last financial year 2017-18 which is within the limit prescribed under Section 2(85) of the Companies Act, 2013. As per Section 92 of the Companies Act, 2013, the annual return of a private company classified as "Small Company", can be signed by a Company Secretary or by a Director of that private limited company as permitted by proviso to Section 92(1) of the Act. In view of the above, in the given case, Company has filed its annual return for the relevant financial year signed only by one director of the company. Hence, the act of the company is in order.

Topics: Company Law

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