Yes, the provisions of Corporate Social Responsibility (CSR) under the Companies Act, 2013 are applicable to Section 8 companies, also known as not-for-profit companies.
As per Section 135 of the Companies Act, 2013, every company, including Section 8 companies, having a net worth of at least Rs. 500 crore or a turnover of at least Rs. 1,000 crore or a net profit of at least Rs. 5 crore during any financial year, is required to constitute a CSR Committee and spend at least 2% of its average net profits of the preceding three financial years on CSR activities.
The CSR activities undertaken by Section 8 companies should be in alignment with their objectives and should be aimed at promoting social welfare, environment sustainability, or other charitable purposes as specified under the Companies Act, 2013.
It is important to note that Section 8 companies are required to comply with all the provisions of the Companies Act, 2013, including the provisions related to CSR, and any non-compliance may result in penalties and other legal consequences.
Hello Professionals
Whether show of hands under section 107 is possible in case of companies
which are covered under rule 20 of Companies (Management and
Administration) Rules, 2014 relating to voting through electronic means?
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Whether borrowings and/or creation of security, based on the basis of
ordinary Resolution under section 293 of the Companies Act, 1956 are valid.
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A private company is not required to appoint an independent director,
whereas Section 135(1) states that the CSR Committee should have at least
one independent director. Do private companies need to appoint an
independent director to comply with this section?
Hello Professionals
Whether advance taken from customers by real estate company on which no interest has been paid will be treated as advance or deposit as per the
Companies Act, 2013?
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What Documentary evidence for transfer of shares to be attached while doing Foreign Currency Transfer means do I need to attach a share certificate or share transfer deed?
Hello Professionals
Section 46 read with the Companies (Share Capital and Debentures) Rules, 2014 requires passing of Board Resolution for issuance of share certificates. Under the Companies Act, 1956 such power could be delegated to a Committee of the Board. Companies Act, 2013 is silent on this issue?
Hello Professionals
Whether advance taken from customers by real estate company on which no interest has been paid will be treated as advance or deposit as per the
Companies Act, 2013?
Hello Professionals
Whether show of hands under section 107 is possible in case of companies
which are covered under rule 20 of Companies (Management and Administration) Rules, 2014 relating to voting through electronic means?
Hello Mahima
The CSR provisions apply to a company registered for a charitable purpose under Section 8 of the Companies Act, 2013. Section 135(1) of the Act states that every company having the specified net worth, turnover, or net profits must establish a CSR committee. Thus, section 8 companies must also establish a CSR committee and comply with CSR provisions when it meets the specified net worth, turnover, or net profits.
Hope this would help you.