Pancholi, Moksha
ORCID: https://orcid.org/0009-0001-3273-7512 and Pranjal, Piyush
ORCID: https://orcid.org/0000-0002-5142-3850
(2026)
The Small Company Threshold and the Limits of Delegated Legislation.
IndiaCorpLaw.
ICL, India.
Available at: https://indiacorplaw.in/2026/09/16/the-small-compa...
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Abstract
The Corporate Laws (Amendment) Bill, 2026, is framed to facilitate ease of doing business by increasing the size that defines a ‘small company’. The 2026 Bill raises the outer ceiling, calculated based on paid-up share capital/annual turnover, in section 2(85) of the Companies Act, 2013, from Rs. 10 crore/Rs. 100 crore to Rs. 20 crore/Rs. 200 crore, respectively. The actual operative figure is whatever the Ministry prescribes by rule within that ceiling. That framing understates what the clause does. The clause confers on the executive control over a single figure that determines audit exposure, board oversight, and penalties for all private limited companies, which constitute 96% of the two million active companies in India, with no mechanism for distinguishing a genuinely small business from one merely small enough to escape scrutiny.
| Item Type: | Other Article |
|---|---|
| Uncontrolled Keywords: | Companies Act | Company Law |
| Subjects: | Social Sciences and humanities > Social Sciences > Law and Legal Studies |
| Divisions: | Jindal Global Law School |
| Depositing User: | Mr. Syed Anas Ali |
| Date Deposited: | 21 Sep 2026 13:29 |
| Last Modified: | 29 Sep 2026 07:29 |
| Official URL: | https://indiacorplaw.in/2026/09/16/the-small-compa... |
| URI: | https://pure.jgu.edu.in/id/eprint/12633 |
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