Aim: Attracting better talent at the board level and increased availability of independent directors that should hopefully raise the standards of corporate governance within companies

Result/Impact: MCA notified Section 32 & 40 of the Companies (Amendment) Act, 2020 which says that public companies can now remunerate their non-executive directors, including independent directors, even if they are in red (making losses) or have inadequate profits with the Ministry of Corporate Affairs (MCA) specifying the maximum yearly remuneration that could be paid to them by such companies.
This MCA move will come in handy for many start-ups and unicorns to pay fair compensation to their independent directors.
The limits of remuneration has been defined in Schedule V as per below table:

S. No.Where the effective capital (in Rs.) isLimit of yearly remuneration payable shall not exceed (in Rs.) in case of Managerial PersonsLimit of yearly remuneration payable shall not exceed (in rupees) in case of other director
1Negative or less than 5 crores60 Lakhs12 Lakhs
25 crores and above but less
than 100 crores.
84 Lakhs17 Lakhs
3100 crores and above but less
than 250 crores.
120 Lakhs24 Lakhs
4250 crores and above.120 lakhs plus 0.01% of the effective capital in excess of Rs.250 crores24 Lakhs plus 0.01% of the effective capital in excess of Rs. 250 crores
Schedule V – Remuneration to Managerial Persons, Non-Executive Directors & Independent Directors in case of loss or adequate profits

Source: MCA Notification No. S.O. 1255(E) & No. S.O. 1256(E) dated March 18, 2021