Companies Act 2013 - Financial Statements to include Cash Flow Statement and Statement for Changes in Equity
The Companies Act, 2013 (the Act or New Act) brought in many changes which directly impact preparation of financial statements and require understanding of the new definitions and provisions. Earlier, The Company act 1956 didn't include cash flow statement in the Definition of Financial statement. The Applicability of Cash Flow Statements govern by the Companies (Accounting Standards) Rules, 2006. However as per the company act 2013, the Cash flow statement shall to prepare and included in Financial Statements subject to certain exemption specified in the act.
Definition of Financial Statement as per CA, 2013
As per Section 2(40) of the CA, 2013 “financial statement” in relation to a company, includes—
(i) a balance sheet as at the end of the financial year;
(ii) a profit and loss account, or in the case of a company carrying on any activity not for profit, an income and expenditure account for the financial year;
(iii) cash flow statement for the financial year;
(iv) a statement of changes in equity, if applicable; and
(v) any explanatory note annexed to, or forming part of, any document referred to in sub-clause (i) to sub-clause (iv):
Provided that the financial statement, with respect to One Person Company, small company and dormant company, may not include the cash flow statement i.e. there is an exemption given to OPC, small company and dormant Company for preparing the Cash flow statement for purpose of inclusion in financial statement.
What is OPC, Small Company and dormant company ?
a) One Person Company
As per sec 2(62) of The CA, 2013 “One Person Company” means a company which has only one person as a member.
b) DORMANT COMPANY
As per sec 455 of The CA, 2013 “One Person Company” means a company
(1) Where a company is formed and registered under this Act for a future project or to hold an asset or intellectual property and has no significant accounting transaction, such a company or an inactive company may make an application to the Registrar in such manner as may be prescribed for obtaining the status of a dormant company.
Explanation.—For the purposes of this section,—
(i) “inactive company” means a company which has not been carrying on any business or operation, or has not made any significant accounting transaction during the last two financial years, or has not filed financial statements and annual returns during the last two financial yearsÍ¾
(ii) “significant accounting transaction” means any transaction other than—
(a) payment of fees by a company to the RegistrarÍ¾
(b) payments made by it to fulfill the requirements of this Act or any other lawÍ¾
(c) allotment of shares to fulfill the requirements of this ActÍ¾ and
(d) payments for maintenance of its office and records
c) SMALL COMPANIES:
Sec 2(85) ‘‘small company’’ means a company, other than a public company,—
(i) paid-up share capital of which does not exceed fifty lakh rupees (Rs 50 Lakhs ) or such higher amount as may be prescribed which shall not be more than five crore rupeesÍ¾ ( Rs 5 Crores) or
(ii) turnover of which as per its last profit and loss account does not exceed two crore rupees ( Rs 2 crore ) or such higher amount as may be prescribed which shall not be more than twenty crore rupees ( Rs 20 crores ).
Provided that nothing in this clause shall apply to—
(A) a holding company or a subsidiary company;
(B) a company registered under section 8; or
(C) a company or body corporate governed by any special Act;
Analysis of Small Company:-
(1) A public company will never be a small company.
(2) A Private company should have a maximum of :-
(a) Paid up capital of Rs 50 Lakhs
(b) Turnover of Rs 2 Crores.
(3) Holding and Subsidiary will always be out of the picture of small companies.
Scenario as per old Companies Act, 1956
Such definition of ‘Financial statement’ neither was available under the CA, 1956 nor was the term used in any sections in that Act. Earlier, the Companies (Accounting Standards) Rules, 2006 exempted ‘SMCs’ from preparing the cash flow statement.
Format to be used for preparing Cash Flow Statement
Since no format is prescribed in Schedule III to the CA, 2013, the cash flow statement shall be prepared in the format prescribed in the AS-3 –Cash Flow Statement only.
Applicability of Accounting Standards
Section 129 of the CA, 2013 requires that the financial statements shall comply with the accounting standards notified under Section 133 and Section 133 provides that the Central Government may prescribe the standards of accounting or any addendum thereto, as recommended by the Institute of Chartered Accountants of India, in consultation with and after examination of the recommendations made by the National Financial Reporting Authority.
Rule 7 of the Companies (Accounts) Rules, 2014 provides that as a transition provision, the standards of accounting as specified under the Companies Act, 1956 (i.e. the Companies (Accounting Standards) Rules, 2006) shall be deemed to be the accounting standards until accounting standards are specified by the Central Government under Section 133.
The inclusion of cash flow along with balance sheet and P&L for all companies is a new requirement. Earlier only listed companies under listing agreement clause no. 32 are required to prepare cash flow statement as per AS 3 of Accounting standards issued by the ICAI.
Simply, We can state that the cash flow statement shall be prepared for all companies (including Private Company) however the certain exemption is provided to OPC, Dormant Companies and Small Companies.
Since the Companies Act, 2013 does not lay down any format for preparation of cash flow statement, companies will need to follow AS 3 in this regard. In respect of listed companies, the listing agreement requires the indirect method for preparing cash flow statements. Thus, under the Companies Act, 2013, non-listed companies will have a choice of either applying the direct or indirect method under AS 3 to prepare the cash flow statement. Due to the listing agreement requirement, that choice will not be available to listed companies
This means a private limited company with paid up share capital of less than 50 lakh rupees or such higher amount as may be prescribed (not exceeding 5 crore ruppes) or with a turnover of less than 2 crore rupees or such higher amount as may be prescribed (not exceeding 20 crore rupees) is not required to prepare cash flow statements while preparing financial statements at the end of the financial year.
Please remember, it’s not a mandatory provision. If small companies want then they can prepare their cash flow statements and file it with registrar of companies or ROC.
(Author can be reached at firstname.lastname@example.org)
This article contains interpretation of the Act and personal views of the author are based on such interpretation. Readers are advised either to cross check the views of the author with the Act or seek the expert’s views if they want to rely on contents of this article and Information in this publication is intended to provide only a general outline of the subjects covered. It should neither be regarded as comprehensive nor sufficient for making decisions, nor should it be used in place of professional advice. Pankaj Kumar Agrawal accepts no responsibility for loss arising from any action taken or not taken by anyone using this publication
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