Related party - Pvt Ltd Company in which Director or relative is a member or Director

As per COA 2013 a private company in which a director or manager or his relative is a member or director is considered as a related party.If they are a director, the case is clear. For public companies, the limit is 2% of shareholding.

But what is the limit in shareholding to be considered as a member of the private company? Whether owning a single share of small number of shares qualifies as being member, thus making said company a related party of the first company?

Replies (3)
Quick Summary
This discussion clarifies the definition of a related party for private limited companies under the Companies Act 2013. It explains that if a director, manager, or their relative is a member or director of another private company, that company is considered related. The key question is whether owning even a single share in a private company makes it a related party. The consensus is that if the individual is not a director or manager in both companies, simply holding a small number of shares doesn't automatically create a related party status, unlike the 2% rule for public companies.

As per the query raised by you, it seems that you are asking if a person is a member of two companies. whether the companies will be considered as the related party. Kindly note that if the person is not a director or manager or relative of such person, then it will not be covered u/s 2(76) of the Companies Act, 2013.

Ex- I am holding 1 share of TCS & Reliance each, it doesn't mean that both the companies will become related to each other provided I am not a managerial person in these companies. 

Ex 2: If I am a director of TCS Limited & holding 1 share of M/s ABC private limited, then both the parties become a related party as per sub-clause (iv) of Section 2(76).

In case of any further queries, kindly mail me at casoravgupta @ gmail.com

Thanks & Regards
ACA. Sorav Gupta
(Practicing Chartered Accountant)

   

So if a director/manager of a company or their relative in A Pvt Ltd holds even a single share in any private limited company, say B Ltd., then B Pvt Ltd becomes a related party to A Pvt Ltd right? This would mean that the scope of related party becomes vast in case a director/relative holds shares in several other private companies in which they are NOT directors.

Yes, Mr. V R Ganesan. 

In case of any further queries, kindly mail me at casoravgupta @ gmail.com

Thanks & Regards
ACA. Sorav Gupta
(Practicing Chartered Accountant)

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