close Change the way you learn with CCI Online Coaching   view more

Please Wait ..

Sign-in to your account


Username:
Password:

Remember Me

Forgot your password?

Sign-up now



Join CAclubindia.com and Share your Knowledge. Registered members get a chance to interact at Forum, Ask Query, Comment etc.


Discussion > Corporate Law > Pvt ltd >

Share Capital in Holding co by its Subsidiary

    Post New Topic
Pages : 1





SERVICE

[ Scorecard : 69]
Posted On 11 December 2008 at 11:55 Report Abuse

I want to know

Can a subsidiary company hold equity share capital or subscribe to Share Application money in Holding Company both companies being Private Limited Companies? Under which provisions is it governed? Transactions that a Subsidiary Company can enter into with a Holding Company, any list?

Please advise

Sameer 



CA Rupesh Maheshwari
Senior Associate @ Ernst & Young

[ Scorecard : 2947]
Posted On 11 December 2008 at 12:35

no




FCS Jay
FCS

[ Scorecard : 35]
Posted On 11 December 2008 at 16:03

Originally posted by :Sameer D Luthra
"

Subsidiary Company cannot become member of a holding Company except two cases mentioned in the Section 42 of the Companies. Hence, subsi cannot invest in the shares of holding co.

Share Application money is not considered as a share capital..and it is treated as loans and advances in the books of lender and current liability in the books of borrower..so there is no problem for giving share application to holding cos but it should not be converted into share capital of the holding co.

try and avoid this type of transactions instead other way outs like loan / share puchase should be considered

"


 



prakash m
Company Secretary

[ Scorecard : 45]
Posted On 19 December 2008 at 14:55

Can any one can tell me whether a director of the Holding Company (Pvt ) can hold shares in the subsidiary Company (Pvt) as a nominee of holding Comapny. under which section it is mentioned ? 

Please help me ASAP 



Purnima Singh
-

[ Scorecard : 38]
Posted On 19 December 2008 at 17:26

yes,  the director of the Holding Company (Pvt ) can hold shares in the subsidiary Company (Pvt) as a nominee of holding Comapny.

For this, u can refer section 49(2) and 49(3) of the companies act, 1956



rameez
ipcc

[ Scorecard : 29]
Posted On 10 May 2012 at 11:53

company X want to make company Y as its subsidary company by issuing its shares to company Y instead of paying cash to the company Y for the purchase of its share ?

 

can this be possible under which section?

notify me i will be waiting for ur reply......

 



CS.Lokesh Singhal
CS

[ Scorecard : 175]
Posted On 07 June 2012 at 11:31

Rameez no Company X can not issue share to company Y as the subsidiary company can not hold shares in holding company...


There are 6 Replies to this message






Related Files








Related Threads


Post your reply for Share Capital in Holding co by its Subsidiary



Your are not logged in . Please login to post replies

Click here to login


Not a member yet ?? Click here to signup

Message







    

  • Use thank button to convey your appreciation.
  • Maintain professionalism while posting and replying to topics.
  • Try to add value with your each post.