Service
175 Points
Joined October 2008
Dear Mr. Rao,
If we see the definition of a Public Limited Company (Section 3(iv)] of the Companies Act, 1956, it says a public company means a company which-
1. is not a private company
2. has a minimum paid-up capital of Rs. 5,00,000/- or such higher paid-up capital, as may be prescribed
3. is a private company which is a subsidiary of a company which is not a private company
Therefore, if a private company is a subsidiary of public company, it will be termed as a deemed public company (Section 43A), however, as the provisions of Section 43A has been omitted, the position is that such private company will be a public company and it has to be converted in to a public company.
However, there is nothing in the Act which says that if a private company is a holding company of a public company, it must be converted to public company.
Hence, a private company is a holding company of a public company, it can remain as a private company and enjoy the privileges available to a private company.
Regrds,
Cs. Ashish Shah