Asset purchase and related party transaction

Pvt ltd 454 views 4 replies

Question related to assest sale/purchase.

1. Company X in USA.

2. They have india subsidiary called X India Pvt. Ltd. Shares are held by X Corp, USA.

3. There is an Indian company Y Pvt Ltd.

Y Pvt Ltd has outsorcing contract with X corp, USA.

Mr. ABC is a non-exec director of X India Pvt. Ltd. He is also the 99% owner of Y pvt Ltd.

There is no direct relation between X India pvt ltd and Y Pvt Ltd.

Now, X India Pvt Ltd wants to purchase asset of Y - all assests and hire all employees. Y will survive, but will cease to do active business. Mr ABC will become an employee and on X India Pvt Ltd payroll, will also be a director (non-exec).

Question - is this affected by related party transaction ? what are the issues that we need to be aware of and dealing in leagal and tax friendly way ?

 

Replies (4)
There is no direct relation between X Corp USA and Y Pvt Ltd.
is it x corp usa or x india pvt ltd. by the way i dont have knowledge of what ur asking.

 
 

u r right, thx. i corrected the original post

Its a related party transaction and X India Pvt ltd have to comply with the provision of section 188

Thanks.
Is is just a matter of doing the processing according to the law. Or is it better to resign from the X India Pvt Ltd ? Is there a possibility of heavy financial loss ?

 Please advice. 


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