Clarification under section 187 c

MCA 2645 views 4 replies

 

Dear All,

 

Please help me to solve the following query:

 

Company A Pvt Limited, which is the promoter & Share holder of Company of  H Pvt Limited. While incorporating H Pvt Limited as 100% subsidiary .A Pvt Limited had made Mr.X as the nominee share holder, who holds 1 equity share on behalf of the A Pvt Limited as minimum Two subscribers are required for incorporating Private Limited Company.

Now A Pvt Limited wants to sell all i.e. 100% shares in H Pvt Limited Company to V Pvt Limited Company and to AD Private Limited Company in ration of 1:1, my query is whether  Section 187C will be attracted when Mr.X will transfer 1 Equity Share to V Private Limited Company, as MrX. is just an nominee share holder and A Pvt Limited Company has beneficial powers.

 

As per section 187(c) Whenever there is a change in the beneficial interest in such shares the beneficial owner shall, within thirty days from the date of such change, make a declaration to the company in such form and containing such particulars as may be prescribed.

In the above mentioned case nominee holder ( Mr.X) is selling 1 equity share to V Pvt Limited, beneficial share holder of this 1 equity is with A Pvt Limited Company . So now is Nominee Share holder (Mr.X) , Beneficial share holder (A Pvt Limited) is liable to give declaration under Section 187c and further is H Pvt Limited liable to File Form 22B with ROC.

 

Please note that share will be sold to V Pvt Limited and V Pvt Limited is not going to nominate any nominee share holder, it will purchase share in its own name. 

Please reply.

 

 

 

 

Replies (4)

Hi Mayuri,

Considering your case and as per the Companies (Declaration of Beneficial Interest in Shares) Rules, 1975, only Beneficial Share holder (A Pvt Ltd) will require to make declaration with the Company (H Pvt Ltd) in Form II and thereafter receiving the declaration, the Company will require to file the same as attachment to Form 22B with respective ROC office.

Other Members views solicited.

Mehul Monani

 

 

 

 

 

 

Dear All, 

 

 

I have one query on Form 22B filed under Section 187C(4)with ROC. What will the Date of entry of name in register in Form 22B. In my case nominee share holder has subscribed equity share on behalf of the Company as for incorporation of WOS Private Limited Company requires minimum two subscribers. Now while filing Form 22B,what will be the date of entry of name in register.Will it be the date of incorporation of the Company or the date of First Board Meeting in which declaration was taken on record by the board. According to me it should be the date of Incorporation as the name of nominee share holder would be from be entered as the member from the date of incorporation and hence date of entry should also be date of incorporation but m still in confusion please help me to find the solution. 

 

Thanks & Regards,

Mayuri

 

 

 

 

 

 

Originally posted by : Mehul Mansukhlal Monani

Hi Mayuri,

Considering your case and as per the Companies (Declaration of Beneficial Interest in Shares) Rules, 1975, only Beneficial Share holder (A Pvt Ltd) will require to make declaration with the Company (H Pvt Ltd) in Form II and thereafter receiving the declaration, the Company will require to file the same as attachment to Form 22B with respective ROC office.

Other Members views solicited.

Mehul Monani

 

 

 

 

 

 

can a nominee holder transfer such shares to other person who will hold shares as a nominee of other company.

For eg: Mr. X the nominee of A Ltd can transfer the shares to Mr. B  the nominee of V ltd.?????????????????

Reply urgently.. 

HI can company change the nominee?, if yes how?, does it amounts to transfer?, and dose folio is to be change in reg. of member? and what if it is by death of nomeenee


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register