By - King Stubb & Kasiva on July 7, 2023
Corporate Social Responsibility (CSR) is an important part of corporate operations that reflects a company’s commitment to social and environmental welfare. The Ministry of Corporate Affairs (MCA) of India proposed significant modifications to the regulatory framework governing CSR with the Companies (Corporate Social Responsibility Policy) Amendment Rules, 2021.[1] These rules, which came into effect on January 22, 2021, update the criteria for monitoring and evaluating CSR projects, as well as the usage of CSR funding.
Section 135 of the Companies Act of 2013 requires every qualifying company to devote at least 2% of its average net earnings over the preceding three fiscal years to CSR initiatives in the current fiscal year. The CSR Rules, 2021 supplement and amend the Companies (Corporate Social Responsibility Policy) Rules, 2014.[2]
It is critical to understand the scope and boundaries of CSR activities as stated by the Act and CSR Amendment Rules. Certain activities done in the usual course of business, contributions to political parties, sponsored activities for marketing purposes, and activities conducted outside India (except sports training for Indian representatives) are exempt from the Act. Furthermore, specific exemptions have been granted to firms involved in the development and research of novel COVID-19-related pharmaceuticals, vaccines, and medical devices for the fiscal years 2020-21, 2021-22, and 2022-23.
This article aims to analyse the CSR Amendment Rules 2021 in the following manner:
Companies are now required to only engage in CSR activities through registered implementing agencies, with the exception of programmes approved prior to April 1, 2021. Implementing agencies can register with the MCA by submitting e-form CSR-1. Entities eligible for registration include Section 8 companies, public trusts that have been registered, and societies that meet specified criteria.
The CSR Rules stipulate that administrative expenses cannot exceed 5% of total CSR expenditures. Administrative overheads are costs associated with the general management and administration of CSR functions, excluding project-specific costs.
Companies are required to provide public access to CSR initiatives approved by the board, the CSR policy, and the CSR Committee’s composition on their websites.
The CSR Amendment Rules 2021 were enacted to bolster and consolidate India’s CSR framework. The revised applicability threshold seeks to bring more companies under CSR obligations, ensuring that a broader spectrum of businesses contribute to social and environmental welfare. By aligning CSR activities with national priority areas, the amendment aims to effectively support government initiatives and address critical development challenges.
The emphasis on project monitoring and impact evaluation originates from the need for CSR initiatives driven by results. The amendment acknowledges the significance of evaluating the efficacy of CSR initiatives to ensure that they generate measurable and enduring social impact. By enhancing reporting requirements, the amendment promotes transparency and accountability, thereby nurturing trust among companies, their stakeholders, and the general public.
The CSR Rules 2021 impact multiple stakeholders involved in CSR activities.
The CSR Amendment Rules, 2021 have implications for CSR practices’ governance, transparency, collaboration, and innovation. They improve corporate governance and stakeholder engagement but pose compliance and reporting difficulties. The revised rules create opportunities for partnerships between businesses, non-profit organisations, and government agencies, but aligning objectives and maintaining accountability may present difficulties. Innovation is emphasised for scalable CSR projects but identifying viable solutions and determining long-term sustainability present obstacles. To effectively fulfil their CSR obligations and maximise their social impact, businesses must navigate these implications and challenges.
In conclusion, the CSR Amendment has significantly altered the landscape of corporate social responsibility. The revised applicability threshold increases the number of eligible companies. The emphasis on collaboration between enterprises, nonprofit organisations, and social initiatives strengthens partnerships. It seeks to address significant social and environmental challenges by allocating CSR funds to national priority areas for the greater good of society. These modifications represent an essential step towards improved CSR governance, transparency, collaboration, and innovation.
Exclusions include activities conducted in the ordinary course of business, contributions to political parties, activities benefiting only employees, and activities conducted to fulfil other statutory obligations.
Companies that fail to transfer the required CSR funds to the designated Fund or Unspent Corporate Social Responsibility Account are subject to a penalty of up to Rs. 1 crore or twice the amount, whichever is less. Officers of the defaulting company may be subject to a fine of 1/10th of the required amount or up to Rs. 2 lakh, whichever is greater.
Yes, companies may use CSR funds to create or acquire capital assets; however, these assets must be held in the name of a Section 8 Company, Registered Public Trust, or Registered Society with a CSR Registration Number. The assets cannot be held in the company’s own name.
[1]https://www.mca.gov.in/Ministry/pdf/CSRAmendmentRules_23012021.pdf.
[2]https://www.mca.gov.in/Ministry/pdf/CompaniesActNotification2_2014.pdf.
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