Holding Co & Subsidiary
This query is : Resolved
Cs.Gautam Roy
(Querist)
30 May 2011
ABC Pvt. Ltd is holding 85%
equity share of XYZ Pvt.Ltd
Both the company is also having
to common Director.
1.Is ABC Pvt.Ltd is a holding co of
XYZ Co Pvt. Ltd
2.Is XYZ Co is a subsidiary co
of ABC Pvt.Ltd.
3.In Annual ROC filing shall we have to give
details & Attachment.
Pls clarify.
equity share of XYZ Pvt.Ltd
Both the company is also having
to common Director.
1.Is ABC Pvt.Ltd is a holding co of
XYZ Co Pvt. Ltd
2.Is XYZ Co is a subsidiary co
of ABC Pvt.Ltd.
3.In Annual ROC filing shall we have to give
details & Attachment.
Pls clarify.
Jayashree S Iyer
(Expert)
31 May 2011
1. Yes. ABC Pvt. Ltd. is the holding company of XYZ Co. Pvt. Ltd. Please refer to Section 4(1)(b)(ii) which specifies that a company becomes a holding company if it holds more than half in nominal value of its equity share capital of the other company.
2.Yes.
3. Section 212 is applicable wherein the holding company needs to attach specified documents of its subsidiary to its Balance Sheet. However as per the recent MCA circular, there is exemption of attaching subsidiary company details if the holding company presents in its annual report the consolidated financial statements of the holding company and all subsidiaries duly audited by its statutory auditors.
2.Yes.
3. Section 212 is applicable wherein the holding company needs to attach specified documents of its subsidiary to its Balance Sheet. However as per the recent MCA circular, there is exemption of attaching subsidiary company details if the holding company presents in its annual report the consolidated financial statements of the holding company and all subsidiaries duly audited by its statutory auditors.
Cs.Gautam Roy
(Querist)
31 May 2011
Thank a lot for your answer
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