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CSR Compliance Procedures Guide

The document outlines the CSR procedures and compliance framework as per Section 135 of the Companies Act, 2013, detailing the applicability criteria, committee composition, calculation of CSR amounts, and policy formulation. It specifies the implementation process, spending rules, unspent CSR amount procedures, impact assessment requirements, reporting, and disclosure obligations. Additionally, it highlights penalties for non-compliance with CSR regulations.

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0% found this document useful (0 votes)
10 views5 pages

CSR Compliance Procedures Guide

The document outlines the CSR procedures and compliance framework as per Section 135 of the Companies Act, 2013, detailing the applicability criteria, committee composition, calculation of CSR amounts, and policy formulation. It specifies the implementation process, spending rules, unspent CSR amount procedures, impact assessment requirements, reporting, and disclosure obligations. Additionally, it highlights penalties for non-compliance with CSR regulations.

Uploaded by

latha.official12
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

CSR Procedures & Detailed Compliance Framework

(Sec on 135 of Companies Act, 2013 & CSR Rules)

Applicability Check – CSR Trigger Test

CSR applies if the company meets any one of the following financial thresholds in the preceding
financial year:

1. Net worth ≥ ₹500 crore, OR

2. Turnover ≥ ₹1,000 crore, OR

3. Net profit ≥ ₹5 crore

✔ Procedure:

 Check financial statements.

 Prepare internal note sta ng applicability.

 Place before Board for recording CSR applicability.

Cons tu on of CSR Commi ee

Once CSR becomes applicable:

✔ Commi ee Composi on:

 3 or more directors, including at least 1 Independent Director.

 Excep ons:

o Unlisted public company → ID not mandatory if not required to appoint one.

o Private company → commi ee can have 2 or more directors.

o In case of foreign company → at least 1 resident director + person nominated by


foreign company.

✔ Procedure:

 Dra resolu on (Board Mee ng).

 File MGT-14 (if applicable under company type).

 Update website with commi ee details.

Calcula on of CSR Amount

The required amount is:

2% of the average net profits of the company for the preceding 3 financial years.
Net profit = Sec on 198 profit, adjusted for certain items.

✔ Procedure:

 Compute Sec on 198 net profit.

 Take 3-year average.

 Calculate 2%.

 Submit to CSR Commi ee.

Formula on of CSR Policy

Prepared by CSR Commi ee and approved by Board.

✔ Must Include:

 List of CSR ac vi es (as per Schedule VII).

 Modali es of execu on.

 Monitoring framework.

 Roles of internal teams.

✔ Procedure:

 CSR Commi ee dra s Policy → recommends to Board.

 Board approves.

 Upload on website.

Prepara on of the Annual Ac on Plan

Mandatory as per CSR Rules.

✔ Must Contain:

1. List of approved CSR projects.

2. Project execu on details.

3. Fund alloca on & targets.

4. Monitoring and evalua on plan.

5. Impact assessment requirements.

CSR Implementa on Process

CSR may be undertaken:


 Directly by the company, OR

 Through implemen ng agencies, such as:

o Sec on 8 company

o Registered trust

o Registered society

o Govt. bodies

All agencies must be registered with MCA (Form CSR-1).

Step-by-Step Implementa on Procedure:

Step 1: Iden fy CSR projects aligned with Schedule VII

E.g., educa on, environment, healthcare, rural development.

Step 2: Due diligence of implemen ng agency

Check CSR-1 registra on, track record, financial stability.

Step 3: Dra a project agreement/MoU

Specifying objec ves, melines, budgets, KPIs.

Step 4: Release funds as per project plan

With board approval.

Step 5: Periodic monitoring by CSR Commi ee

 Field visits

 Quarterly reports

 U liza on cer ficates (CA-cer fied)

CSR Spending Rules

✔ Admin overheads:

 Limited to 5% of total CSR expenditure.

✔ Surplus arising out of CSR:

 Must be reinvested into CSR projects, or

 Transferred to Unspent CSR A/c.

✔ Excess CSR spend:

 Can be set off for next 3 financial years.


Unspent CSR Amount – Mandatory Procedure

(A) Unspent on ongoing projects

→ Transfer to "Unspent CSR Account" within 30 days from FY end.


→ Spend within 3 years.
→ If not spent → transfer to a Schedule VII fund within 30 days a er 3 years.

(B) Unspent on other projects

→ Transfer directly to Schedule VII fund within 6 months.

Impact Assessment

Mandatory if:

 CSR obliga on ≥ ₹10 crore in last 3 years.

✔ Procedure:

 Appoint an independent agency.

 Conduct impact study for projects ≥ ₹1 crore.

 Append the impact assessment to the CSR report.

CSR Repor ng & Disclosures

✔ Mandatory CSR Report (Annexure – CSR Report Format)

To be included in the Board’s Report containing:

 CSR commi ee composi on

 Approved CSR policy

 CSR expenditure

 Reasons for unspent amount

 Impact assessment summary

 Web-links to disclosures

Website Disclosure Requirements

Company must publish the following on its website:

 CSR Policy

 Composi on of CSR Commi ee

 CSR projects approved by Board


 Annual CSR Report

Penal es for Non-Compliance

Company:

Penalty = twice the unspent amount or up to ₹1,00,00,000 (whichever is lower).

Officers in default:

Penalty = 1/10th of unspent amount or up to ₹2,00,000.

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