Issue: The client was already spending in CSR before the mandate. Whether the existing CSR expenditure was allowed under Sec135, if yes then would there be any changes in the reporting, if not then what would be the next steps?
Solution: We aligned their existing CSR activities into project mode and placed them within Schedule VII. The respective expenditures were thus reported as per the regulatory framework. We submitted the annual CSR disclosures in the Board Report as per the Companies Act, 2013.
Issue: The client was planning operational expansion in Rajasthan state. The identified area being rural, the client wanted to carry out projects for community development but could not identify what projects should be done.
Solution: We identified 5 villages in the Panchayat where the client was planning to expand. We carried out a detailed needs assessment survey in these identified villages through FGDs, Women Group Discussions. Questionnaire based field study and secondary data. We submitted a report to the client identifying the needs area ranked on priority and submitted our suggestions weighing options for each need addressed.
Issue: The client is a large media group with a number of group companies. CSR activities were carried out but in a scattered and unplanned way making the activities ineffective as well as the CSR spend inefficient from the Taxation point of view.
Solution: We consolidated the Group's CSR expenditure carried out individually by the companies, as per Sec 135 and suggested creation of Corporate Foundation. We gave complete regulatory and secretarial support to incorporate Sec 8 company for the client, with all necessary filings including 12A & 80G certification where the CSR spend of all the companies would be parked and it would be used for more focused and bigger projects. We guided the client related to tax implications and making the CSR spend tax efficient and compliant at the same time.
Issue: The client wanted support in formation of CSR Policy.
Solution: We carried out the following to make the CSR Policy - Calculation of CSR spend as per Sec 135(5), Roadmap for CSR for the financial year as per the CSR spend calculated, understanding the business goals and Board's inclination in specific categories of Schedule VII, Formation of CSR Policy and annual disclosures as per the Companies Act, 2013.
Issue: The client is an existing Trust with more than 350 employees and carrying out Projects for corporates under their CSR. The client faced challenge of completing and delivering projects in time to their Corporate clients due to delays and roadblocks from Charities Commissioner.
Solution: We suggested the trust to form a Sec 8 company to deal with this challenge. We incorporated Sec 8 company on behalf of the client, with complete licences, applications like EPF, ESIS, Sec 80G, 12AA certification, etc. We are managing the complete transition of the trust to the company.
Issue: The client received Show Cause Notice from the RoC for violation of Sec 134(3) r.w. Sec 135(5) of the Companies Act.
Solution: We provided support for drafting reply and making representation before Registrar of Companies and drafting all regulatory documents related to Sec 135 for the Client for past and current compliances.