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Sec 4(7)

Others 1739 views 5 replies

Kindly explain the section  4 (7)in detail.

1  What is the status of i.e.( Public or Private )  a Private limited company  incorporated in India which is 100% subsidary of foreign company.

2 What will be the status of the above said company  if it is not 100% subsidary of foreign company .

3  What will be the status of the company  if its 51% paid up capital is held by foreign company and 49% by a indian Private  lmited company /Public  limitd company .

 

With Regards

Rekha Sharma

 

Replies (5)

"NO  reply so far " .Come on !

1. Private limited.

2. Depends upon the status of other shareholders.

3. Depends upon the status of the foreign company.

The said foreign company in all three cases is a foreign public limited company.

Originally posted by :Rekha Sharma
"

1. Status of a public company is public in any case.

2. Status of private Company-depends on its share holding pattern and on the status of its holding foreign company interpreted according to the definition of a public Company under the Companies Act 1956.

3. If no foreign company is identifiable as a holding company ( as  per Section 4) -  the Company will be Private company.

4. If the foreign company is a holding  Company  but not a public Company  as interpreted according to the definition under the Companies Act 1956 -  the Company will be Private company.

6.If the foreign company is a  100% holding  Company  and a public Company interpreted according to the definition under the Companies Act 1956--  the Company will be Private company.

7.If the foreign company is a  holding  Company  and a public Company interpreted according to the definition under the Companies Act 1956  but the remaining shares are held by other foreign body corporates (public or private)--  the Company will be Private company

8.If the foreign company is a  holding  Company  and a public Company interpreted according to the definition under the Companies Act 1956  but the remaining shares are held by non -body corporates and/or by Indian body corporates --  the Company will be Public Company

 am i right?

"


 

Originally posted by :Guest
"




Originally posted by :Rekha Sharma


"

1. Status of a public company is public in any case.
2. Status of private Company-depends on its share holding pattern and on the status of its holding foreign company interpreted according to the definition of a public Company under the Companies Act 1956.
3. If no foreign company is identifiable as a holding company ( as  per Section 4) -  the Company will be Private company.
4. If the foreign company is a holding  Company  but not a public Company  as interpreted according to the definition under the Companies Act 1956 -  the Company will be Private company.
6.If the foreign company is a  100% holding  Company  and a public Company interpreted according to the definition under the Companies Act 1956--  the Company will be Private company.
7.If the foreign company is a  holding  Company  and a public Company interpreted according to the definition under the Companies Act 1956  but the remaining shares are held by other foreign body corporates (public or private)--  the Company will be Private company
8.If the foreign company is a  holding  Company  and a public Company interpreted according to the definition under the Companies Act 1956  but the remaining shares are held by non -body corporates and/or by Indian body corporates --  the Company will be Public Company
 am i right?

"


You are 100% right & thanks for removing all confusions from the mind pertaing to this section.

Thanks & Regards

Rekha Sharma



 

"


 


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