In case, in any financial year, a company has no profits or its profits are inadequate to pay remuneration to managerial personnel (viz. managing director, whole-time director, manager), the company can pay remuneration within the limits given in Section II of Part II of the Schedule V of the Companies Act, 2013.
These limits of yearly remuneration payable to the managerial personnel is based on the sum of the effective capital of a company.
The meaning of the term "Effective Capital" is provided in the Explanation I under Part II of the Schedule V of the Companies Act, 2013.
Illustration
Effective Capital - Calculation table
Sl. No.
|
Particulars
|
Amount
(Rs.)
|
1.
|
Paid-up
share capital
(excluding
share application money or advances against shares)
|
1000
|
2.
|
Share
premium account
|
10
|
3.
|
Reserves
and surplus
(excluding
revaluation reserve)
|
50
|
4.
|
Long-term
loans and deposits repayable after one year
(excluding
working capital loans, overdrafts, interest due on loans unless funded, bank
guarantee, etc., and other short-term arrangements)
|
30
|
A
|
Sub-total
(1+2+3+4)
|
1090
|
5.
|
Investments
(except
in the case of investment by an investment company whose principal business
is the acquisition of shares, stock, debentures or other securities)
|
70
|
6.
|
Accumulated
losses
|
0
|
7.
|
Preliminary
expenses not written off
|
20
|
B
|
Sub-total
(5+6+7)
|
90
|
Effective
Capital (A-B)
|
1000
|
Note: The effective capital is calculated as on the last date of the financial year preceding the financial year in which the appointment of the managerial person is made.
*Do consult with a practising professional like chartered accountant, cost accountant, company secretary, if you have any confusion in the matter.
Very useful it helped me a lot
ReplyDeleteThank you
Why Current liabilities are not taken into account???
ReplyDeleteCurrent liabilities have no role to play in it. As per the meaning of Effective capital given under Sch V of Companies Act - whatever heads are required to be considered for the calculation seems to be mentioned above.
DeleteCurrent liabilities are taken into account for calculation of Working capital (not effective capital).
Which year balances has to be taken for effective capital caluclation
ReplyDeleteOn the last date of the fy before th fy in which managerial person get appointed
DeleteDoes Investment includes investment in subsidaries also?
ReplyDeleteDoes Investment includes investment in subsidaries also?
ReplyDelete