Taxmann's Analysis | CSR Compliance – Unveiling the Legal Obligation and Social Responsibility under the Company Law

Taxmann's Analysis | CSR Compliance – Unveiling the Legal Obligation and Social Responsibility under the Company Law PDF Author: Taxmann
Publisher: Taxmann Publications Private Limited
ISBN:
Category : Law
Languages : en
Pages : 19

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Book Description
In today's rapidly evolving business landscape, corporations are increasingly expected to go beyond profitability and actively contribute to society and the environment. This paradigm shift has given rise to Corporate Social Responsibility (CSR), which emphasizes a company's ethical and sustainable practices. The article explores the legal obligations and social responsibilities imposed on companies under the Companies Act 2013. It delves into the applicability of CSR to different classes of companies, minimum spending requirements, execution of CSR initiatives, and the treatment of unspent CSR funds. By examining the Indian perspective, this article sheds light on the dual nature of CSR as both a social responsibility and a legal compulsion.

Taxmann’s Corporate Social Responsibility Law & Practice – Comprehensive Analysis of CSR Provisions with Illustrations, Compliance Requirements, Complex Topics, Accounting & Income-tax Aspects, etc.

Taxmann’s Corporate Social Responsibility Law & Practice – Comprehensive Analysis of CSR Provisions with Illustrations, Compliance Requirements, Complex Topics, Accounting & Income-tax Aspects, etc. PDF Author: Rajesh S. Kadakia
Publisher: Taxmann Publications Private Limited
ISBN: 9393656029
Category : Law
Languages : en
Pages : 46

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Book Description
This book provides a comprehensive analysis of Corporate Social Responsibility (CSR) provisions in the following: • Companies Act, 2013 • Companies (Corporate Social Responsibility Policy) Rules, 2014 The Present Publication is the latest 2022 Edition, authored by Rajesh S. Kadakia, with the following noteworthy features: • [Updated CSR Compliance Requirements] are provided in this book • [Explaination of CSR Provisions] with a fresh perspective & illustrations • [Carefully Crafted to provide Insights on Complex Topics] such as: o Activities that are regarded as CSR o Different Applicability Criteria o CSR Committee o CSR Policy o Roles & Responsibilities of Board of Directors o Calculation of the Quantum of Spending on CSR o Approved Modes of incurring CSR Expenditure o Impact Assessment • [Applicability of CSR Provisions to Section 8 & Foreign Companies] along with disclosure requirements, reports/certificates and consequences of default is also included in this book • [Accounting Aspects & Income-tax Provisions] and interpretation regarding the deductibility of CSR expenditure is also covered in this book • This book also consists of the following: o Relevant Section of the Companies Act, 2013 o Schedule VII of the Companies Act, 2013 o Companies (Corporate Social Responsibility Policy) Rules, 2014 o Relevant Notifications under Companies Act, 2013 o Relevant Circulars/Clarifications under the Companies Act, 2013 The detailed contents of this book are as follows: • Background, text, applicability and actions required upon the applicability • Applicability to 'every company' fulfilling one of the criteria in section 135 • Applicability of section 135 to holding company or subsidiary company of a company to which section 135(1) is applicable • CSR – Net worth criterion • Net profits criterion (Profitability) • Turnover criterion • Financial year – Meaning • CSR committee • CSR policy • Corporate social responsibility (CSR) • Board of directors • Quantum of spending on CSR (2% of average net profits plus surplus from CSR activity) • CSR expenditure • Implementation of CSR activities • Preference to a local area of operation and area around it • Impact assessment • Ongoing project • Implementation through implementing agencies • Companies licensed under section 8 of the Companies Act, 2013 or section 25 of the Companies Act, 1956 • Activities under Schedule VII of the Companies Act, 2013 • Applicability to a foreign company • Miscellaneous • Accounting • Disclosure requirements • Reports and certificates • Consequences of defaults in spending on CSR activities • CSR – Deductibility of CSR expenses under the Income-tax Act, 1961 • CSR – Deductibility of CSR expenditure under section 80G of the Income-tax Act, 1961

Taxmann's Law & Practice Relating To Corporate Social Responsibility – Comprehensive Handbook & Guide for an Organisation's CSR Implementation Journey

Taxmann's Law & Practice Relating To Corporate Social Responsibility – Comprehensive Handbook & Guide for an Organisation's CSR Implementation Journey PDF Author: CS Ankur Srivastava
Publisher: Taxmann Publications Private Limited
ISBN: 9357782095
Category : Law
Languages : en
Pages : 32

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Book Description
This book is a complete guide/ready reckoner for dealing with corporate social responsibility (CSR) matters. It provides a 360° detailed analysis of the laws and practices related to CSR. This book would be helpful for Company Secretaries, Chartered Accountants, Cost and Work Accountants, Lawyers, other Professionals, and Corporates. The Present Publication is the latest 2023 edition and is updated upto 30th June 2023. This book is authored by CS Ankur Srivastava & CS Shruti Srivastava, with the following noteworthy features: • [Comprehensive Coverage] o Companies (Corporate Social Responsibility Policy) Amendment Rules, 2022 o Newly Introduced FORM – CSR-2 o Impact Assessment o Corporate Social Registration for CSR Entities o New Format for Annual Disclosure by Companies • [Practice Oriented] This book aims to offer readers not only the necessary procedural requirements but also a comprehensive understanding of the background, reasoning, practical solutions, and a set of accompanying procedures • [Calculators] for calculation of the following: o Net Profit for CSR o CSR Statutory Requirement o CSR Expenditure o Amount Unspent o Excess Amount Available for Set-off The structure of the book is as follows: • Chapter 1 provides a historical sketch of the evolution of corporate social responsibility (CSR) • The book contains relevant information on the Companies Act 2013, related rules, and circulars/notifications from the Ministry of Corporate Affairs • Chapter 3 covers the applicability of CSR to companies • Chapter 4 details the actions required when CSR provisions apply to a company • Chapters 5 and 6 focus on the role of the board of directors and the CSR committee in implementing CSR • Chapter 10 guides on implementing successful CSR in an organisation, including various calculation tools • Chapter 11 discusses how to implement CSR through an implementing agency • Chapter 12 covers the requirements for registration of the implementing agency and obtaining a CSR number • Chapters 13 and 14 provide an in-depth analysis of reporting requirements under CSR • Chapter 15 analyses the new reporting requirements in the newly introduced Form CSR-2 • Chapter 16 discusses ongoing CSR projects with a detailed analysis • The concept of impact assessment and its modalities are explained in Chapter 17 • Chapter 19 outlines the consequences of defaults and penalties for non-compliance with CSR provisions • The book includes a compilation of various notifications and circulars related to CSR The detailed contents of the book are as follows: • Corporate Social Responsibility – An Introduction and Overview • Corporate Social Responsibility under the Companies Act, 2013 • Applicability of Corporate Social Responsibility • Actions Required upon Applicability of Corporate Social Responsibility Provisions • Duties of the Board of Directions under the Corporate Social Responsibility Rules • Corporate Social Responsibility Committee • Analysis of the Applicability under Section 135(1) • Corporate Social Responsibility Policy • Annual Action Plan • Corporate Social Responsibility Activities • Implementation of Corporate Social Responsibility through Implementing Agencies • Registration with Central Government – Form CSR-1 • Corporate Social Responsibility Reporting • Annual Report on Corporate Social Responsibility • Form CSR-2 • Ongoing Projects • Activities Covered under Schedule VII • Impact Assessment • Consequences of Default – Penalties

Corporate Social Responsibility

Corporate Social Responsibility PDF Author: Michael Kerr
Publisher:
ISBN: 9780433451150
Category : Corporate governance
Languages : en
Pages : 650

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Book Description
Corporations now face greater scrutiny regarding their environmental, social, and economic activities. Accounting firms and consultancies use increasingly sophisticated tools to verify corporate undertakings. Socially responsible investment funds screen corporate performance, and failure to perform even affects share price. By ignoring the legal context or viewing, CSR measures as merely voluntary, a corporation can expose itself to clear financial and legal liability. Corporate Social Responsibility - A Legal Analysis is the first comprehensive legal text on global CSR. It examines the hard and soft laws that ground CSR to show that responsible corporate behaviour has become a matter of important legal concern for virtually every corporation.

Corporate Governance and Corporate Social Responsibility: How to Tackle Environmental Imperatives in Company Law?

Corporate Governance and Corporate Social Responsibility: How to Tackle Environmental Imperatives in Company Law? PDF Author: Christophe George
Publisher: Stämpfli Verlag
ISBN: 3727249846
Category : Law
Languages : en
Pages : 954

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Book Description
The book first discusses the concepts of corporate governance and corporate social responsibility (CSR) and provides a new framework to deal with these issues in the context of sustainability. It then explores the requirements of "an end state of global sustainability" and subsequently moves to a detailed analysis of the current governance regime, delving into the CSR-related liabilities and incentives at stake for both corporations and their directors. It concludes with a framework suggesting that there are four normative avenues for addressing environmental and social imperatives in company law, which helps reflect on how to tackle the "potentiality for a sustainability gap" in corporate governance and CSR. The author always discusses practical realities and incentives, at both the policy and corporate levels, in addition to theoretical aspects. The thesis on which this book is based received the distinction "Summa Cum Laude" and the 2023 Law Faculty Prize from the University of Lausanne. Dr Christophe George is a Research Associate at the Centre for Business Research in the University of Cambridge. He holds a PhD in Company Law and Management from the University of Lausanne, a Master of Law (LLM) from the University of Cambridge, a Master in Management from Harvard University, and a Master in Law and Economics from HEC Lausanne.

Legislated Corporate Social Responsibility (CSR) in India

Legislated Corporate Social Responsibility (CSR) in India PDF Author: Akanksha Jumde
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
When India enacted the Companies Act, 2013, it became one of the few countries of the world to make Corporate Social Responsibility (CSR), a legal obligation for a large number of Indian companies. Using a comprehensive analysis of companies' CSR disclosures and the interviews of relevant stakeholders, this article provides a bird's-eye view on the major issues plaguing the current regulatory framework on CSR in India. In addition, this article highlights the major differences between privately owned and government companies on their motivations, approaches and challenges to the implementation and enforcement of CSR law of India. This article finds that the Indian CSR regulations are excessively broad and provide wide flexibilities that are possibly being misused, and hence, need legislative amendments to make them more concise, and improve accountability and transparency. From a broader corporate law perspective, this article finds that while the current company law in India may have adopted a more stakeholder-centric approach by its construction, the approach of many companies towards the enforcement and implementation of CSR and the law remains essentially shareholder centric. In light of the above observations, the article suggests that the existing regulatory framework needs to be strengthened with several legislative measures such as stricter auditing and monitoring measures for third-party implementing agencies and pre-and post-project impact assessment mechanisms.

Corporate Social and Human Rights Responsibilities

Corporate Social and Human Rights Responsibilities PDF Author: K. Buhmann
Publisher: Springer
ISBN: 0230294618
Category : Business & Economics
Languages : en
Pages : 304

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Book Description
This book challenges the separation between CSR and law. It also demonstrates that BRHR may be gradually separating from CSR through emphasis on state obligations. Authors from around the world discuss how businesses engage in CSR and human rights, and how governments and intergovernmental organisations may support business in taking responsibility

Perspectives on Corporate Social Responsibility

Perspectives on Corporate Social Responsibility PDF Author: Nina Boeger
Publisher: Edward Elgar Publishing
ISBN: 184844379X
Category : Business & Economics
Languages : en
Pages : 528

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Book Description
Examines the concepts of corporate social responsibility (CSR) in the context of globalisation and its many challenges, focusing on different legal perspectives that arise.

Corporate Social Responsibility and Tax Planning

Corporate Social Responsibility and Tax Planning PDF Author: Hans Gribnau
Publisher:
ISBN:
Category :
Languages : en
Pages : 27

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Book Description
Taxpayers have to plan their tax affairs to plan their life or develop their business strategy. Often tax planning is encouraged and intended by tax legislation but sometimes it is not. By way of tax incentives, the tax legislator often tries to steer citizens' behaviour to achieve all kind of policy goals. This way the tax legislator stimulates taxpayers to adopt a calculating attitude towards the tax system, breeding a rule-based mindset focused on tax planning. This rule focus crowds out ethics. Taxpayers turn around the rules to their advantage. The tax legislator usually reacts with refined or new rules that add to the existing complexity of tax law. Companies endorsing corporate social responsibility (CSR) accept ethical obligations beyond compliance with the law. It is argued that these companies should agree that the interpretation and use of tax rules are based on a moral choice that rules out strictly complying with the letter of the law. CSR companies should even take one more step in endorsing the view that tax is a body of rules, which itself is grounded in principles that make up the internal morality of law. Therefore, they should take these principles seriously when engaging in tax planning.

Legal Perspectives on Corporate Social Responsibility

Legal Perspectives on Corporate Social Responsibility PDF Author: Jeehye You
Publisher:
ISBN: 9788132223870
Category :
Languages : en
Pages :

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Book Description
This book offers readers a comprehensive and in-depth legal analysis of corporate social responsibility (CSR) by examining the theoretical foundations of corporate governance and its legal mechanism in the United States and South Korea. Moreover, it proposes legislative blueprint for establishing the legal frameworks that might serve to legitimize and effectively implement CSR in general. Reflecting the zeitgeist of improved corporate accountability and transparency, the ongoing movement to enhance CSR has permeated entire sectors of society the world over. Despite the apparent ubiquity of CSR, the corporate laws of many countries remain relatively silent on the issue, omitting to include any explicit provision governing the concept. Partly in response to this lack of legislation, Korean corporate scholars, for example, have attempted to introduce American legal theories, systems and laws on CSR into Korea. Yet traditional Korean jurisprudence provides no defining foundation for CSR; indeed, the prevailing view in jurisprudence and scholarship passively resists instituting corporate responsibility into the law. In response to this jurisprudential and academic shortcoming, and as an example for other countries, this book provides a comprehensive guide to the relevant legislation and theory on CSR in Korean corporate law by employing a comparative study of the relevant American theories and laws. Proceeding from this analysis, the book then puts forward a legislative blueprint for establishing a foundation to legitimize and effectively implement CSR.