How to Qualify as a Small Company Under the Companies Act, 2013 — And Why It Matters
Finance

How to Qualify as a Small Company Under the Companies Act, 2013 — And Why It Matters

Running a business in India? Then you should absolutely know about Small Company in india status under the Companies Act, 2013. It’s like having a V

ruchi maheshwari
ruchi maheshwari
22 min read


Running a business in India? Then you should absolutely know about Small Company in india status under the Companies Act, 2013. It’s like having a VIP pass to simplified compliance, lower costs, and less red tape. Think of it as the government’s way of saying, “We see you, small business owners—and we’ve got your back.”

In this article, we’ll break down how to qualify as a Small Company, what perks come with the title, and why this status might be the boost your business needs.

📖 Understanding the Definition of a Small Company

Legal Meaning as per Section 2(85)

According to Section 2(85) of the Companies Act, 2013, a "Small Company" is a private company that satisfies both of these conditions:

  1. Paid-up share capital does not exceed ₹4 crore.

  2. Turnover does not exceed ₹40 crore (as per the most recent profit and loss statement).

What Makes a Company ‘Small’

It’s not about headcount, market presence, or whether you’re a startup. It’s strictly based on financial limits.

📊 Core Qualification Criteria

1. Paid-Up Share Capital Limit

This refers to the actual money invested by shareholders. To qualify, your company must have paid-up capital of ₹4 crore or less.

2. Turnover Limit

Turnover is the total revenue from operations during a financial year. This must be ₹40 crore or less.

3. Both Conditions Must Be Met

Even if you meet only one of the limits, you won’t qualify. Both thresholds are mandatory.

🚫 Entities That Cannot Qualify

Certain types of companies are explicitly excluded, no matter how small their capital or turnover is:

  • Public companies

  • Holding or subsidiary companies

  • Section 8 companies (non-profit)

  • Companies governed under any special Acts

So, even if a Section 8 company has only ₹10,000 capital and zero revenue—it still can't be classified as a Small Company.

📈 Recent Amendments That Expanded the Scope

2021 Revisions

The Ministry of Corporate Affairs (MCA) revised the limits in 2021 to:

  • Capital: ₹2 crore

  • Turnover: ₹20 crore

2023 Revisions

In a major boost for MSMEs, the thresholds were further doubled in 2023:

  • Capital: ₹4 crore

  • Turnover: ₹40 crore

More companies are now able to enjoy the benefits.

🪜 Step-by-Step Process to Check Qualification

Step 1: Evaluate Paid-Up Capital

Refer to your company’s balance sheet to check the total paid-up capital.

Step 2: Calculate Turnover

Use your latest profit and loss account to find your turnover.

Step 3: Confirm Non-Eligibility Factors

Make sure your company is not a public, holding, subsidiary, or Section 8 company.

🎁 Benefits of Being a Small Company

🧾 Reduced Regulatory Burden

  • Less paperwork

  • Relaxed board meeting requirements

  • Simpler filings

💸 Cost Savings on Filing Fees

  • Lower fees for filing forms with ROC

  • Reduced penalties for late filings

📉 Fewer Board Meetings

Only two board meetings a year are required, instead of four.

📂 Annual Return Simplification

Form MGT-7A

Small Companies use a simplified version of the annual return form: MGT-7A, which is much easier to fill.

Signature and Certification

You don’t need a Company Secretary to sign it if your company doesn't have one. A Director’s signature alone is sufficient.

📄 Financial Statement Filing

AOC-4

Small Companies file financial statements using Form AOC-4—a standard filing form.

No Cash Flow Statement Required

Yep, that’s right! Small Companies are exempt from preparing a cash flow statement, making compliance even easier.

🧑‍⚖️ Audit and Secretarial Exemptions

No Auditor Rotation

Small Companies are exempt from mandatory auditor rotation, saving time and effort.

Relaxation from Secretarial Standards

Compliance with SS-1 and SS-2 (Board and General Meetings) is not mandatory for Small Companies.

🧾 ROC Filing Made Easy

Forms to File

  • MGT-7A: Annual Return

  • AOC-4: Financials

Penalties Are Lower

Missed a deadline? Don’t panic. Small Companies pay much lower late fees compared to larger entities.

🏢 Difference Between Small Company and Private Limited Company

Aspect

Private Limited

Small Company

Paid-Up Capital

No limit

≤ ₹4 crore

Turnover

No limit

≤ ₹40 crore

Audit Rotation

Required

Not required

Annual Return

MGT-7

MGT-7A

Meetings

4/yr

2/yr

All Small Companies are Private Limited, but not all Private Limited Companies are Small Companies.

❗ Misconceptions About Small Company Status

“It’s Just Another Business Type”

No, it's a legal classification with specific advantages, not a different kind of business.

“Once Small, Always Small”

Wrong. It’s not permanent. You must check eligibility annually.

🔄 Losing and Regaining Small Company Status

Annual Assessment

Every year, check if your company still fits the paid-up capital and turnover limits.

If You Exceed Limits

You lose Small Company status in the following financial year. But you can regain it if your numbers fall back below the thresholds.

📝 Do You Need to Apply for Small Company Status?

Automatic Qualification

There’s no separate registration process. If your company meets the criteria, it’s automatically treated as a Small Company.

MCA Recognition

The Registrar of Companies (ROC) recognizes your status based on your filed documents.

✅ Conclusion

Small Company status under the Companies Act, 2013, is a massive relief package wrapped in legal language. It simplifies compliance, slashes costs, and gives your small business more breathing room to grow. No need for a formal application—just stay within the limits, and enjoy the benefits.

If your business checks the boxes, you’re not just small—you’re smart.



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