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ROC Filing of CSR-1 for Public Trust, Societies & Section 8 Company
For availing the grants from CSR Fund of the company, the eligible NGO must register with the registrar of companies by filing form CSR-1 and obtain a Unique CSR Registration Number for the NGO. The registration of NGO in CSR-1 form has started from 1st April 2021.
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Overview
CSR Activities
Eligible NGO
List of Documents
Certification
CSR Registration of Section 8 Company, Public Trust & Society
The eligible companies must spend at least 2% of their average net profit of the last three preceding financial years (If the company has not completed three years, then the average net profit of the company's period in existence). The following table summarises the CSR applicability under section 135 of the companies Act, 2013.
| Who is Eligible | When Eligible |
|---|---|
| • Every company | 1. Net worth > 500 crore,or |
| • Its holding company | 2. Turnover > 1000 crore, or |
| • It’s subsidiary company | 3. Net profit > 5 crore |
| • Foreign company |
The CSR spending is a mandatory provision, and if not complied, there is a severe penalty prescribed that would be double the amount in default, up to a penalty of Rs one crores. In the recent amendment with effect from 22 January 2021, the company can give CSR contribution only to those eligible NGOs that has been registered with the ROC. The MCA has come up with a CSR-1 form, through which the eligible NGO may register with the ROC and obtain a Unique CSR Registration Number.
Permitted Activities From CSR Funds of Companies
In pursuance of section 135(7) and the CSR Rules, the eligible companies have to spend 2% of the average net profit of the company on the CSR activities either by undertaking these activities by the company itself or through an eligible NGO. Below is the indicative list of permitted activities from the CSR fund.
| Permitted Activities | Prohibited Activities |
|---|---|
| 1. Providing education | 1. Normal Business Activities of Business |
| 2. Promoting gender equality | 2. Activities that are undertaken outside India |
| 3. Projects related to rural development | 3. Contribution to a Political Party |
| 4. Contribution to PM Cares Fund | 4. Activities benefiting employees of the company |
| 5. Contribution towards the protection of the environment | 5. Activities that give marketing benefit to the company |
| 6. Promotion of healthcare, preventive healthcare and sanitation activities related to COVID-19 | 6. Activities that are done due to any statutory obligation. |
| 7. Events related to disaster management, including relief activities |
Eligibility for Grant of CSR Fund of Companies
To receive the CSR contribution following are the categories of the entities. Further, to be eligible for grant or contribution from the companies' CSR funds, the NGO needs to satisfy additional conditions and upon that must register with the ROC by filing CSR-1 form and obtain a Unique CSR Registration Number.
Eligible Entities
- Section 8 Company
- Registered Public Trust
- Registered Society
| Company Promoted | Independent NGO |
|---|---|
| 1. Registration U/s 12A of Income Tax | 1. Registration U/s 12A of Income Tax |
| 2. Registration U/s 80G of Income Tax | 2. Registration U/s 80G of Income Tax |
| 3. Three Years Track Record |
Filing of Form CSR-1 by Section 8 Company, Public Trust & Society
The eligible entities, such as a Section 8 Company, a registered public trust and a registered society, that fulfils additional eligibility of being registered under section 12A and 80G of the Income Tax Act is then required to obtain a new registration with the ROC. The Form CSR-1 is the prescribed Form for registration of the NGO with the registrar of companies for allotment of Unique CSR Registration Number. The filing of the CSR-1 Form with the ROC is a new requirement, effective from 1st April 2021, requiring all the eligible section 8 companies, Society or trust to seek an immediate registration with the ROC to qualify for the grant from the CSR Funds of the Companies.
As the amended section 135 of the companies act, 2013 provides that the company shall spend 2% of the average net profits on self-managed CSR activities or contribute the CSR Funds to the eligible NGO. To become eligible for receiving the CSR Grant from the companies, the section 8 company, public trust, or the registered Society must register with the ROC by filing the prescribed form CSR-1 and obtaining a Unique CSR Registration Number.
List of Documents for CSR-1 Filing
| A. Basic Documents |
|---|
|
| B. Additional Documents |
|
Note: Entities registered u/s 10(23C) of the Income Tax Act, are not eligible to get registered in Form CSR-1. They are advised to seek fresh registration U/s 12A of the Income Tax Act, 1962
Certification
The CSR-1 form is an eform to be digitally signed using Digital Signature of Class 2 or 3 by any of the following persons as the case may be and to be further certified by a CA, CS or CMA in full time practice.
The Signatory to CSR-1 Form
- Any director of section 8 company
- One of the Trustee/ CEO in case of Registered Public Trust
- Chairperson/ CEO/ Secretary in case of Registered Society
- Authorized Representative in case of Government Entity
Professional Certification
The practicing professional such as Chartered Accountant, Company Secretary, Cost and Management Accountant in full time practice has been given a responsibility to verify the eligibility under section 135 of the act and the rules made thereunder and then certify the form. Apart from the basic documents that is listed above the certifying professional must also verify following records for the purpose of certification of the three years of track record
- Audited financials of entity for last three financial years
- Date of registration u/s 12A and u/s 80G
- Form 10B of the entity for the last three financial years.
- Note of nature of activities carried out by the entity in the earlier years.
- Return of income and computation of income for the past three years.
- Details of CSR projects already undertaken by the entity.
- Assessment orders, if any, to verify the activities accepted by the department
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