Further query regarding section 297

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This query is : Resolved

CS Usha (Querist)

02 September 2011 There are 2 companies
1)Co. A public limited co having paid up more than Rs. 1 crore
2)Co. B a private limited co but wholly owned subsidiary of Co. A

u/s 3(1)(iv), a private limited co which is subsidiary of a public limited co. will be taken as a public limited co.

Hence if Co.A and Co.B want to enter into an agreement will it be a contract between 2 public company which is exempted u/s 297(2)

And if subsiquently Co.B(WOS of CO.A)enter into an agreement with a private limited company, will it attract section 297 as contract between a public ltd and private limited.

PLEASE ADVICE

CS SAJU PHILIP MANALEL

CS SAJU PHILIP MANALEL (Expert)

03 September 2011 Answer for both the queries are 'yes'
As for the second query the result will depend upon the type of transaction, if it for sale/purchase of goods or provision of serice and there are common directors or Director of B is the member of the Pvt Co. then 297 will attract
CS Saju Philip
sajuphilipcs@yahoo.com

CS Usha

CS Usha (Querist)

03 September 2011 Thanks a lot for helping..

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